Most law-abiding citizens of Russia have the right to land. As written in the Land Code of the Russian Federation, land can be obtained for construction or for use for other purposes.
The provision of land for construction is regulated by the 30th article of the Land Code. In accordance with these provisions, land can be obtained without prior approval of the location of buildings. In this case, you will have to take part in the auction (land auction). The subject of such tenders may be the right to
lease land.The provision of land without prior approval is carried out in several stages. To begin with, the authorities will determine whether the allocation of the land for construction will prevent the master plan (development, reconstruction). In accordance with the general plan, the boundaries of the site on the ground will be determined. After drawing up a plan with boundaries, the definition of permitted use will occur. Such use involves the operation of real estate only for their functional purpose. For example, if a site is allocated for the construction of a plant, then the premises cannot be converted into a shopping center.
When the authorities decide on the formation of the boundaries of the site and the permitted use, experts will evaluate the possibilities of connecting to the engineering and technical networks (electricity, gas, water supply, sewage).
The provision of land for construction without approval is accompanied by the placement of announcements in the media about tendering or auctions. If the bidding is not held, the authorities give an announcement in which they inform about the beginning of the acceptance of applications. If, after the announcement of the tender, only one application for the auction is submitted, the land will be allocated to this applicant.
After posting information about the land in the media, the land is put on state cadastral registration.
In the case of an auction (bidding), the provision of land is considered completed if the relevant protocols are signed. If the site is provided without bidding, then a written decision on this should be issued.
The procedure for the provision of land without prior approval, which involves the signing of an agreement with the tenant.
Most entrepreneurs and organizations prefer to receive land for construction after prior coordination with local authorities. In this case, the plot may be leased or indefinite use. Only state or municipal enterprises have the right to perpetual use . Citizens can only rent this land.
If a land plot is allocated for indefinite use until 2004, then a citizen does not have the right to sell this land, but can acquire it into ownership.
Obtaining a land plot by prior agreement is much easier if this land becomes the subject of an agreement of the municipality on the development (development) of the territory. In this case, land can be provided free of charge for rent or property.
After the allocation of land is completed, the entry into lease or property rights occurs after registration with the Federal Registration Service (FRS).