Since March 1, 2015, all existing types of land rights , including perpetual use, have been amended. Innovations touched upon the rules for providing allotments, paperwork and a number of other issues. Let us further consider the procedure for using the land plot in force today.
General information
In Soviet times, there was exclusively state ownership of land. Moreover, allotment of allotments to organizations and the population was allowed. The right to permanent use of the land was fixed in the Constitution of the USSR. It was provided mainly to collective farms. Such a concept as the constant unlimited use of a land plot was officially introduced in February 1990 in the LC. In 1991, it was re-fixed in the code. The emergence of this concept was accompanied by complex political processes. At that time, there was a confrontation between the reformers led by Yeltsin and the adherents of the old system. Moreover, the latter clearly understood the necessity and inevitability of transformations in the sphere of state property. In this regard, they tried to create conditions under which privatization would affect only buildings without transferring ownership of the plots under them. In the case of a reverse course of reforms, this would become the basis for a return to the pre-existing rules.
The situation before the introduction of the new ZK
Permanent unlimited use of the land was considered by the authorities as a relic of the Soviet system that existed for quite a long time. They tried to exclude this concept several times from domestic legislation. In accordance with the LC of 1991, the right to perpetual use of a land plot could be granted exclusively to organizations. Those citizens who received allotments before the adoption of this code committed to re-register them as property or on lease. The introduced legislation, in addition, prohibited the provision of land for unlimited use by individuals. In 1994, the Civil Code again established the possibility of free acquisition of allotments by citizens.
Specifics of legislation
Gratuitous use of the land for an unlimited period was retained in Sec. 4 ZK. It focuses on the limited ownership of real estate. At the same time, a ban on transferring land for permanent use to citizens was duplicated in the LC, and the retention of this right by individuals and organizations was confirmed if it arose before the introduction of the code.
However, the legislator emphasized the inability to dispose of such plots. Simultaneously with the introduction of the code, a special regulatory act was adopted that regulated this procedure. In accordance with it, citizens were given the opportunity to take ownership of the land in use for free. As for the organizations, they were charged with the obligation to redeem their allotments or rent them. Several times the renewal deadlines were shifted. In 2013, the Code of Administrative Offenses established liability for their non-compliance. A penalty of 20 to 100 thousand rubles was imposed on violators of the deadlines. This measure forced most of the organizations to re-register allotments.
2015 changes
Since March 2015, free permanent use of the land has been excluded from the code. All items that mentioned him were canceled. Meanwhile, the LC did not exclude this category of rights from land legislation. In Art. 39.9 provides a list of legal entities and bodies that may receive allotments. This list does not include individuals and organizations of a non-state type of ownership.
Nuance
As it becomes clear from the above information, today the right to use the land can be granted for specific periods. They are determined by Art. 39.10 ZK. Meanwhile, the permanent use of the land is provided for in two regulations. They were adopted in August 1996. A number of experts believe that the introduction of the term “free unlimited use of the land plot” in regulations indicates the low legal culture of lawmakers of that time. Some experts express the opinion that unlimited use of a land plot can be carried out by any citizen who is in no hurry to re-register the allotment. The legislation does not limit individuals to fines, does not establish specific periods.
Gratuitous express use of land
It is carried out on the basis of an agreement. In accordance with it, one party assumes obligations to transfer or provides the allotment / part thereof for a certain period free of charge to the other party. The latter, in turn, agrees to operate the territory in accordance with the permitted use and intended purpose. The second side also accepts obligations to comply with natural resource, environmental, urban planning legislation. Gratuitous urgent use of land involves the return of allotments upon the expiration of the period specified in the contract in a condition suitable for further exploitation.
Subjects
Allotments can be provided by executive bodies of state and local authorities with the authority to dispose of property. Gratuitous urgent use of land may be carried out:
- Municipal and state institutions.
- Federal state enterprises.
- The bodies of territorial and state power.
- Legal entities and citizens.
Allotment Categories
Plots of land may be provided for urgent gratuitous use:
- Which are state / municipal property. Allotment of allotments is carried out by executive structures referred to in Art. 29. Sites are transferred to organizations having the appropriate right, in accordance with the code. In particular, we are talking about municipal and state institutions, state enterprises.
- Owned by legal entities and citizens in accordance with the contract.
- Organizations listed in paragraph 2 of Art. 24, as official allotments to individuals.
Important point
Urgent gratuitous use is carried out in accordance with the decision of the authorized executive state or municipal body endowed with the relevant competence, in accordance with Art. 9-11 ZK. The legislation sets a time limit for the provision of allotments. Gratuitous urgent use of land is carried out no more than during the year. In the case of providing allotments owned by organizations or citizens, the period is determined by the terms of the contract. For example, the use of the service area is carried out for the duration of the labor contract.
The uncontracted nature of the relationship
The term "perpetual" means the use of the site without any time limits. In this, it differs from the free exploitation of the allotment, for all of which specific periods are established by the norms. Meanwhile, gratuitousness may be present in perpetual use. In this case, there is a demarcation from the rental institution. Unlimited use, unlike gratuitous, is carried out on a non-contractual basis. This is due to the fact that during the period when allotments were provided in this mode, the basis was not the agreement of the parties, but the decision (act) of the competent institution of power. As a rule, agricultural land was provided to summer cottage and horticultural cooperatives and partnerships. In this regard, such a thing as a contract for perpetual use is considered legally insubstantial.
ZK provisions
Citizens who carry out perpetual use have the opportunity to formalize the ownership of the allotment. It is provided for by the regulatory act governing the implementation of the LC. At the same time, the presence or absence of an indication in the title document (certificate or act) of the type of law under which the site is granted will not matter. Individuals who operate the allotment belonging to the municipality or the state, with the buildings located on it and in their legal possession, can also register the property. As mentioned above, land plots are not provided to citizens for perpetual use today. However, the law does not provide for the automatic revocation of this legal possibility in relation to allotments allotted prior to the entry into force of the code. Registration of ownership is allowed once.
Limitations
According to Art. 269 of the Civil Code, an entity to whom a land plot has been granted for unlimited use is entitled to operate and own the allotment within the limits provided by law, other regulatory acts, as well as the document on the basis of which it was allocated. An order, however, is not permitted. The exceptions to this rule are cases:
- Conclusion of an easement agreement.
- The transfer to the citizen of the site as an official allotment.
Subjects, therefore, unlike owners, are deprived of the opportunity to dispose of the provided territory. Persons using the site indefinitely cannot lease it out, operate for free for a specific period, including if they obtain the consent of the rightful owner. Any transaction related to the allotment order will be declared null and void. The legislation also does not allow the inclusion of the right to use in the joint (authorized) capital of a non-profit and commercial company.
Re-registration of allotments by organizations
As noted above, legal entities are charged with the obligation to return the land allocated for use to the property or to lease it. The legislation established the deadline by which this should be done - January 1, 2012. In case of violation of the deadline, a fine was imposed. If the legal entity renews the use of the lease, the maintenance fee is set at 2%, and for allotments allocated from agricultural territories, the amount is 0.3% of the cadastral value. In case of withdrawal or restriction of land turnover, the rent is 1.5%. Changing these values is allowed when adjusting the cadastral value. The re-registration deadline was set for individuals who used allotments with different linear objects until January 1, 2016. If the entities did not manage to lease the territory, they can redeem it at the price of 2.5% of the cadastral value. For garden, country, horticultural associations and partnerships, the term for re-registration of land is unlimited.