On The Transfer Of Land Or Plots Of Land From One Category To Another

Original Language Title: О переводе земель или земельных участков из одной категории в другую

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RUSSIAN FEDERATION FEDERAL LAW About the transfer of land or land from one category to another adopted by the State Duma on 3 December 2004 Approval On 8 December 2004, the Federation Council of the Federation . N 111-FZ; of 17.04.2006 N 53-FZ; of 03.06.2006 N 73-FZ; of 04.12.2006 N 201-FZ; of 18.12.2006 N 232-FZ; of 10 May 2007 N 69-FZ; dated 30.10.2007 N 240-FZ; of 08.11.2007 N 261-FZ; dated 13.05.2008 N 66-FZ; of 23.07.2008 N 160-FZ; of 14.03.2009 N 32-FZ; of 08.05.2009 N 93-FZ; of 25.12.2009 N 340-FZ; dated 20.03.2011. N 41-FZ; as of 1 July 2011 N 169-FZ; of 12.07.2011 N 209-FZ; dated 19.07.2011 N 246-FZ; dated 07.06.2013 N 108-FZ; 31.12.2014 N 499-FZ; of 20 April 2015 N 102-FZ Chapter 1. General provisions Article 1. Legal regulation of relations arising from the transfer of land or land as part of such land to another category Legal regulation of relations arising from the transfer of land or land in such lands, from one category to another, is implemented by the Land Code of the Russian Federation Federal law and other federal laws and regulations by other normative legal acts of the Russian Federation, the laws and other normative legal acts of the constituent entities of the Russian Federation. Article 2. The composition and procedure for preparing documents for land or land transfers in such lands from one category to another 1. A request for the transfer of land from one category to another or a request for the transfer of land from one land to another is made for the transfer of land or land in one category to another. Categories in another (hereinafter referred to as the application) to the executive body of the State or local government authorized to consider the application. 2. The content of the request for the transfer of land from one category to the other and the composition of the annexed documents shall be established: 1) by the State authorities of the constituent entities of the Russian Federation with regard to agricultural land In the case of the Russian Federation, the President of the Russian Federation, Mr. N 111-FZ); 2) the Government Plenipotentiary of the Federal Government of the Russian Federation with regard to other lands. (In the wording of Federal Law of July 23, 2008) N 160-FZ) 3. The application for the transfer of land from the land of one category to the other is indicated by: 1) the land parcel number; 2) the land category, which includes the land area, and the category of land, The translation of the land from the land of one category to another; 4) the right to land. 4. The following documents are also required for the decision to transfer land from the land of one category to another: (In the wording of the Federal Law dated 01/07/2011 N 169-FZ) 1) an extract from the state real estate cadastre regarding the details of the land which is to be transferred from one category to another class="ed">, or cadastral passport of such land; (In the wording of federal laws of 13 May 2008) N 66-FZ; dated 20.03.2011. N 41-FZ ) 2) copies of the applicant's identification documents (for individual applicants); (Federal Act dated 20 April 2015. N 102-FZ) 2-1) extract from single state register of individual entrepreneurs (for applicants-individual entrepreneurs) or extract from a single state register of legal entities (for (...) (...) N 102-FZ) 3) extract from the Single State Register of Rights to Real Property and Transactions of Rights to Land, which is intended to be transferred from one category to another; 4) the conclusion of a State environmental appraisal if it is provided for by federal laws; 5) consent of the right-owner of the land plot to the transfer of land from the land of one category to the other, unless the right holder The land parcel is the person with whom an agreement on the establishment of a servis for such a land has been concluded; (In the wording of Federal Law dated 31.12.2014. N 499-FZ) 6)(Spspent force-Federal law of 18.12.2006) N 232-FZ 4-1. The documents referred to in paragraphs 2 and 5 of part 4 of this article shall be transmitted by the person concerned to the executive body of the State or local government. The documents referred to in paragraphs 1, 2 to 1, 3 and 4 of Part 4 of this Article shall be requested by the executive body of the State or local authorities in the bodies and subordinates to the organs of the State or local authorities. The self-government of the organizations for which the documents are available, if the person concerned has not submitted the said documents on his own behalf. (Part of the addition is the Federal Law of July 1, 2011. In the wording of the Federal Law of the Republic of Kazakhstan, the Federal Law of the Republic of Kazakhstan, dated 20 April, 2004 No. N 102-FZ 5. The executive bodies of state power or local self-government bodies apply for the transfer of land from the land of one category to another without the consent of the land owners in cases of land transfer from the land of one category to another for the creation of specially protected natural areas without impelling the land from their rights holders or in connection with the establishment or modification of the features of human settlements. (In the wording of Federal Law of 18.12.2006) N 232-FZ) Article 3. The procedure for considering requests to transfer lands or plots of land in such land from one category to another 1. The request shall be made by the person concerned to the executive body of the State or the local self-government authorities authorized to consider the application. 2. The application may be refused if: 1) with an application has been filed by an improper person; (2) the application is accompanied by documents, composition, form or content of which does not meet the requirements of the of the land legislation (as amended by the Federal Act of 21 July 2005). N 111-FZ) 3. An application not to be considered on the grounds set out in part 2 of this article shall be returned to the person concerned within thirty days of its receipt, indicating the reasons for refusal of acceptance. Applications for review. 4. On the basis of the examination of the application by the executive body of the State or the local self-government body, an act is to be taken to transfer land or land in such lands from one category to another (hereinafter referred to as "the Act"). The transfer of land or land plots) or the refusal to transfer land or land in such lands from one category to another (hereinafter referred to as the refusal to transfer land or land) within the following time frame: 1) within three months of the receipt of the application, unless otherwise determined OF THE PRESIDENT OF THE RUSSIAN FEDERATION of local government. 5. The land or land transfer act shall contain the following information: 1) the grounds for change of the category of land; 2) the boundary and description of the location of the land, land area and cadastral land number; 3) the category of land transferred from; 4) the category of land being translated. 6. A land transfer or land transfer act cannot be adopted for a certain period of time. 7. The land or land transfer act or the act of refusal to transfer land or land shall be sent to the person concerned within fourteen days of the date of the act. 8. An act of transferring land or land or an act of refusal to transfer land or land may be appealed to the courts. Article 4. Grounds for refusing to transfer land or land plots of land from one category to another Land or land transfer from one category to another is not permitted In the case of: 1) the establishment, under federal laws, of restrictions on the transfer of land or land in such lands from one category to another or prohibition of such transfer; 2) the conclusion of a State environmental expertiza in the event that it is conducted provides for federal laws; 3) to establish that the requested land or land destination is not in conformity with the approved territorial planning documents and territorial planning documents, Land documentation. (In the wording of the Federal Law of 4 December 2006) N 201-FZ) Article 5. Changes in the state cadastre real estate and in the United State registry of real property rights and transactions due to the transfer of land or land in the composition of such land from one category to another (In the wording of the Federal Law May 13, 2008) N 66-F) 1. The executive body or local government body that has adopted the act of transferring land or land shall send a copy of such an act within five days from the date of its adoption in the The federal executive authority authorized to carry out State cadastral registration of real estate and the state cadastre of real estate, or, if not otherwise, by the Government of the Russian Federation Federation, under the authority of the Federal Executive State institution (hereinafter referred to as the cadastre authority). (In the wording of Federal Law No. N 66-F) 2. Changes made to the Cadastre Authorityshall notify the land owners concerned of the act of land or land transfer, as well as the authorities responsible for State registration. Rights to immovable property and transactions with it, for seven days of change in connection with the transfer of land or land in such lands from one category to another in the record of the Single State Register of Rights on Immovable Property property and transactions. (In the wording of Federal Law No. N 66-F) 3. The transfer of land or land from one category to another is considered to be the from the date of the State cadastral register of land. class="ed"> (In the wording of the Federal Law of 19.07.2011) N 246-FZ 4. The reissuance of title to land for which land transfers from one category to another is not required. Article 6. Transfer of land from the land of one category to another in the case of the removal of land plots for state or municipal needs (In the wording of Federal Law from 31.12.2014 N 499-FZ 1. If there is a need to change the designation of a land plot in connection with its removal for state or municipal needs, the transfer of this land from the land of one category to another is done by taking into account In the wording of Federal Law of 31.12.2014 N 499-FZ 2. The executive bodies of the state authority or local self-government authorities, pending the surrender of the seized land to the interested citizen or legal entity of the seized land, shall be obliged to transfer it from the land of a certain category to the A category that provides for the permitted use of this land for the purpose intended. (In the wording of Federal Law of 31.12.2014) N 499-FZ ) Chapter 2: Land and land transfer considerations as part of such land in another category Article 7. The peculiarity of the transfer of the land of agricultural land of the land or land in such a land from the land of agricultural destination to another category 1. The transfer of agricultural land or land plots of such land from agricultural land to another category is permitted in exceptional cases of: 1) with land conservation; 2) with the creation of specially protected natural territories, or the allocation of lands to lands of an environmental, historical-cultural, recreational and other special purpose (in the wording of the Federal Law dated 21.07.2005 N 111-FZ); 3) with the establishment or modification of the features of localities; (In the wording of Federal Law 18.12.2006 N 232-FZ) 4) with the location of industrial facilities on land whose cadastral value does not exceed the average cadastral value of the municipal district (urban district), as well as on other lands and other non-agricultural uses in the absence of other options for locating these objects, with the exception of the accommodation referred to in part 2 of this article (in the wording of the Federal Law from 21.07.2005 N 111-FZ)); 5) with the inclusion of unsuitable agricultural land in forest land, water fund or reserve lands; 6) with the construction of roads, Power lines, lines of communication (including line-cable facilities), oil pipelines, gas pipelines and other pipelines, railway lines and other such facilities (hereinafter referred to as "linear"), if approved in accordance with the established procedures for the rehabilitation of some agricultural land, Period of construction of the line objects (in the wording of the Federal Law of 21.07.2005). N 111-FZ); 7) with the fulfilment of the international obligations of the Russian Federation, the defence of the country and the security of the State, in the absence of other options for the allocation of appropriate facilities (as amended) Federal Law of 21.07.2005 N 111-FZ)); 8) with the extraction of minerals in the presence of the approved land reclamation project (paragraph 8 is supplemented by Federal Law dated 21.07.2005 N 111-FZ); 9) with the accommodation of social, municipal and public facilities, health facilities and education, in the absence of other options for the accommodation of these facilities (para. 9 dated 21.07.2005 N 111-FZ 2. Land transfer of agricultural land or land in such land from agricultural land whose cadastral value is in excess of 50 per cent above the average inventory value of the land The municipal district (city district) and particularly valuable productive agricultural lands referred to in article 79, paragraph 4, of the Land Code of the Russian Federation are not permitted in another category, except in cases established by paragraphs 3, 6, 7 and 8 of Part 1 of this Article (in the wording of Federal Law dated 21.07.2005 N 111-FZ) Article 8. Features of the conversion of the lands of the inhabited areas or land in such lands to another category, as well as the transfer of lands or land in such lands from other categories in the ground in the localities (In the wording of Federal Law of 18 December 2006). N 232-FZ) 1. The establishment or modification of the boundaries of settlements, as well as the inclusion of land on the borders of settlements or the exclusion of land from the boundaries of settlements, is the transfer of land to settlements or land in The composition of such land in another category, or the transfer of land or land in such lands, from other categories to the land of human settlements. (In the wording of Federal Law No. N 232-FZ 2. (Part 2 lost its power-Federal Law of 21.07.2005). N 111-FZ) 3. The cadastral numbers of land parcels included in the borders of human settlements or excluded from the borders of settlements shall be forwarded to the cadastral register in accordance with the procedure provided for in article 5 of this Federal Law. The relevant changes in the State real estate cadastre by the bodies referred to in article 5, paragraph 1, of this Federal Act. (In the wording of Federal Law No. N 232-FZ; dated 13.05.2008 N 66-FZ; dated 20.03.2011. N 41-FZ) Article 9. Features of the conversion of the land of industry, energy, transport, communications, radio broadcasting, television, computer science, land to support space activities, lands of defence, security and The land of another special destination or land in such land in another category 1. Transfer of land of industry, energy, transport, communications, radio, television, computer science, land for space activities, lands of defence, security and other special purpose (hereinafter referred to as the land of industry and (a) The purpose of the organization; 2. Transfer of land of industry and other special purpose or plot of land in such lands that are broken, contaminated or builtled by buildings, structures, structures to be demolished (including underground), in another category allowed under approved land reclamation project. 3. The transfer of the land of industry and other special purpose or land in the land where the soil is violated is not allowed to be transferred to another category only after reconstruction The land violated in accordance with the approved land reclamation project, except in cases where the transfer is carried out at the request of the executive bodies of the State or local authorities. Article 10: Features of the transfer of specially protected lands territories and sites or land in land to another category, as well as land or land transfers in of such land from other categories in the ground specially protected areas and objects (In the revision of Federal Law from 30.10.2007 N 240-FZ) 1. The transfer of lands of specially protected territories and objects or land in such lands to another category is carried out with the positive conclusions of the State ecological expertise and other federal installations The laws of the Russian Federation on the protection of the environment in accordance with the legislation of the Russian Federation on the protection of the environment, should they be used for purposes of special environmental protection, scientific, historical and cultural, and aesthetic, It is impossible to make recreational, recreational or other special value. (In the wording of Federal Law of 30.10.2007 N 240-FZ) 2. The transfer of lands of another category or plot of land in such lands to the lands of specially protected areas and objects (excluding settlements) is permitted in the case of: 1) creation protected areas; 2) creation of tourist and recreational special economic zones; 3) in other cases established by the Land Code of the Russian Federation and other federal laws of cases. (Part completed-Federal Law dated 30.10.2007 N 240-FZ)3. Establishment or modification of the tourist-recreational special economic zone, as well as the inclusion of land in the tourism or recreational special economic zone or the exclusion of land from the tourist and recreational areas. The special economic zone is the transfer of the lands of specially protected territories and objects or land in such lands to another category, or to the transfer of lands or plots of land from other categories to land Specially protected areas and sites. (Part of padded-Federal Law of 30.10.2007 N 240-FZ) 4. Information on the cadastral numbers of land parcels included in the boundaries of the tourism and recreational special economic zone or excluded from the tourist or recreational special economic zone shall be sent in accordance with the procedure provided for in article 5 of this Federal Act, the Special Economic Zone Control Authority for the State Land Cadastre, in order to amend the State Land Cadastre. (Part of padded-Federal Law of 30.10.2007 N 240-FZ) Article 11. A special feature of the conversion of forest lands occupied by the forest fund toprotective forests or land in land in other categories 1. The transfer of land of forest fund occupied by protective forests or land in such lands to other categories of land is permitted in the case of: (Federal laws of 14.03.2009 N 32-FZ ) 1) organization of specially protected natural territories; 2) establishing or changing the border of a settlement; (as in the wording of Federal Law dated 20.03.2011 N 41-FZ ) 3) location of state or municipal objects in the absence of other options for the possible placement of these objects; 4) creation of tourist and recreational vehicles Special economic zones. (Paragraph added is the Federal Law of 25.12.2009). N 340-FZ) 2. N 32-FZ (Article in the wording of the Federal Law of 4 December 2006) N 201-FH) Article 12. Features of the transfer of the land of the water fund or land plots as part of such lands to other category of, as well as the specifics of translation lands of another category or land in land in the land of the water fund (In the wording of the Federal Law 03.06.2006 N 73-FZ) 1. The transfer of lands of the water fund or land plots as part of such land to another category is permitted in cases of: (Federal Law dated 03.06.2006 N 73-FZ ) 1) creation of specially protected natural territories; 2) to establish or modify the boundaries of settlements; (In the wording of Federal Law , including those related to the creation of artificial land in the cases provided for by the Federal Act " On artificial land created on water bodies in of federal property and changes in OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of federal laws of 08.11.2007) N 261-FZ; dated 19.07.2011 N 246-FZ) 1-1. The creation of an artificially created land plot in the federal property is the transfer of the land of the water fund into the land of the category specified in the permit for the creation of an artificial land on the land a water facility in federal property. (The article is supplemented by the Federal Law of July 19, 2011). N 246-FZ) 2. The transfer of lands of another category or land in such lands to the lands of the water fund is permitted in the case of: 1) if the land is occupied by water bodies; 2) construction of reservoirs and other land (b) Artificial water bodies, as well as hydrotechnical and other facilities located on water bodies; (3) changes in the riverbed and other changes in the location of water bodies. (Part of padded-Federal Law of 03.06.2006 N 73-FZ Article 13. Features of the transfer of land from the land of the reserve to another category of land Land transfer from the land to another category of land, depending on the purpose of further use of this land The land parcel is implemented only after the establishment of the land in which the land is transferred from the land to another category of land. Chapter 3: Transitional and final provisions Article 14. Allocations of land or plots of land in such land to a certain category 1. Land or land allocations in such lands to one of the Land Code of the Russian Federation are mandatory. 2. If the category of land is not specified in the documents of the state real estate cadastre, and in the land titles or land titles, change in in accordance with article 5 of this Federal Act, the State Real Property Cadastre and the records of the Unified State Register of Rights to Real Property and Transactions are based on Land titles or documents certifying Land rights, according to land rights holders. (In the wording of Federal Law No. N 66-F) 3. Where there is a conflict between the ownership of the land in the land of a certain category specified in the State Real Property Cadastreand the data set forth in the law Land documents or land titles, if obtained prior to the entry into force of this Federal Law, allocate land plots to certain categories of land on the basis of the data contained in the land title or Land titles, according to land rights holders. (In the wording of Federal Law No. N 66-F) 4. In case the category of land is not specified in the documents of the state real estate cadastre, the land title or land title documents are adopted class="ed"> a decision of the local self-government body of the city district or municipal district on the allocation of a land plot to the land of a certain category, depending on the purpose for which it was provided. (In the wording of the federal laws of 13 May 2008) N 66-FZ; dated 20.03.2011. N 41 FZ 5. Land located within the boundaries of settlementsis to be allocated to the land of the inhabited localities, and outside the boundaries of settlements , to a certain category of land in on the basis of the documented actual usage of the land plot. (In the wording of Federal Law of 18.12.2006) N 232-FZ 6. The assignment of a plot of land to a certain category of land in the cases referred to in parts 4 and 5 of this article shall be carried out in accordance with the procedure established by articles 2, 3, 4, 5 and 15 of this Federal Law. 7. Information on the ownership of a plot of land to a certain category of land within 30 days is paid free of charge in the State cadastre of real estate on application by the owner of the land. Changes to the records of the Unified State Register of Real Property Rights and Transactions relating to a particular category of land are implemented in accordance with the procedure established by article 21 of the Federal Law dated 21 July 1997 N 122-FZ "On the state registration of real property rights and transactions". dated 13.05.2008 N 66-FZ) Article 15. Transfer of land or land in such lands from one category to another and the allocation of land or land in land to a certain category land up to State-to-land demarcation 1. Before the demarcation of state property on land, the transfer of land or land in the State ownership of land to the land from one category to another is carried out by the Government of the Russian Federation: 1) land or land needed for federal needs; 2) (Spend the force-Federal Law dated 17.04.2006. N 53-FZ) 3) (Spconsumed by Federal Law of 17.04.2006) N 53-FZ) 4) (Spconsumed by Federal Law of 17.04.2006) "N 53-FZ") 5) land or land in such lands to establish or change the features of cities of the federal importance of Moscow and St. Petersburg. 2. In cases other than those provided for in part 1 of this article, the transfer to land of State ownership of land or land in such lands shall be transferred from one category to another. It is carried out by the executive authorities of the constituent entities of the Russian Federation or in cases stipulated by the laws of the constituent entities of the Russian Federation and by the local authorities. 3. Before demarcation of state property on land, the allocation of land or land in state ownership to the land of inhabited localities whose borders are set to the day of entry into force This Federal Act is implemented by the local governments of urban districts, municipal districts without agreement with the right holders of land plots. (In the wording of the federal laws of July 21, 2005, } N 111-FZ; of 18.12.2006 N 232-FZ; dated 20.03.2011. N 41 FZ 4. In cases other than those provided for in part 3 of this article, the designation of State-owned land or plots of land as part of such land to a certain category of land The land is exercised by the executive authorities of the constituent entities of the Russian Federation or in cases stipulated by the laws of the constituent entities of the Russian Federation and by the local authorities. Article 15 -1. Transfer of agricultural land or land from such lands to another category in connection with the organization of the meeting of heads of state and Forum member governments Asia-Pacific Economic Cooperation in 2012 in the city Vladivostok Translation of agricultural land or land in other categories in connection with the organization of the The meeting of the Heads of State and Government of the member states of the forum "Asia-Pacific Economic Cooperation" in 2012 in the city of Vladivostok is regulated by this Federal Law unless otherwise provided by the Federal Law. "On the organization of the Asia-Pacific Economic Cooperation summit in 2012, on the development of the city of Vladivostok as a hub of international cooperation in the Asia-Pacific region," the statement said. and on the amendment of individual legislative acts of the Russian Federation. " (Article supplemented by Federal Law of 08.05.2009) N 93-FZ Article 15 -2. Transfer of land or land in such lands from one category to another in connection with the creation and maintenance of a territorially distinct function Complex (Skolkowo Innovation Center) Land transfer or land transfer considerations from one category to another in relation to the establishment and operation of a territorially distinct The complex (innovation center "Skolkowo") is established by the federal law of 28 September 2010 N 244-FZ "On the Innovation Centre" Skolkovo ". The Article is supplemented by the Federal Law of 12 July 2011. N 209-FZ Article 15 -3. Transfer of agricultural land or land from such lands to another category in connection with the preparation and by the holding of the championship in the Russian Federation FIFA 2018 FIFA World Cup and the 2017 FIFA Confederations Cup 2017. 2018 FIFA World Cup and the 2018 FIFA World Cup The FIFA Confederations Cup 2017 will be held in Russia in 2017 in accordance with the federal law on preparations for the 2018 FIFA World Cup and the 2018 FIFA World Cup. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (The article is supplemented by the Federal Law of 07.06.2013). N 108-FZ) Article 16. amending the Land Code of the Russian Federation . OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4147; 2004, N 41, sect. 3993) the following changes: 1) in article 1, paragraph 6, subparagraph (6), word "withdrawal" should be replaced by "change of destination"; 2), article 49, paragraph 2, shall be declared void; 3), article 57, paragraph 1, to be completed Subsection (5) as follows: " 5) change of target land plot on the basis of a petition by a state authority or local self-government body to transfer land from the land of one land categories in another without agreement with the owner of the land. "; 4)(Spconsumed by Federal Law of 18.12.2006 N 232-FZ) 5) Article 79, paragraphs 2 and 3, shall be declared void; 6) in the first paragraph of article 95, paragraph 3, of the word "withdrawal of land or other" to read " modification of the designation of land parcels or "; 7) in the second paragraph of article 99, paragraph 2, the word" Exclusion "should be replaced with the words" Change of destination ". Article 17. (Spconsumed by Federal Law of April 4, 2006) N 201-FZ) Article 18. Article 4 of the Federal Law "On the turnover of agricultural land " Article 4 (1) of Federal Law N 101-FZ" On the turnover of agricultural land " (Russian Federation Law Assembly, 2002, N 30, p. 3018; 2003, N 28, sect. (2882) add the following paragraph: " The requirements of this paragraph do not apply to formed land for removal, including through buyback, for state or municipal needs and (or) Changes in the designation of land on the basis of approved land choice certificates for the construction and preliminary agreement of sites and (or) territorial planning documents, documentation for the Land and spatial planning documentation. ". Article 19. On amendments to the Federal Law On Environmental Expertise Enact Federal Law of 23 November 1995 N 174-FZ "On environmental impact assessment" (Legislative Assembly of the Russian Federation, 1995, No. 48, art. (...) (...) (...) of a State environmental appraisal system "; 2) paragraph 2 of article 12, with the exception of the draft individual legal acts adopted on the basis of Spatial planning documents and planning documents Territories, forest management and planning documents that have undergone State ecological expertise. ". Article 20. (Spconsumed by force-Federal Law of 17.04.2006) N 53-FZ) Article 21. The entry into force of this Federal Law This Federal Law shall enter into force on 5 January 2005. President of the Russian Federation Vladimir Putin Moscow, Kremlin 21 December 2004 N 172-FZ