What is free use of land?

Not only its owner or tenant can use a land plot. The legislator provided for the possibility of “free rent,” that is, urgent use without payment. The essence of these legal relations is something different from a regular sale or donation due to the need for subsequent retransfer of land, and from a lease - due to the gratuitous nature of these contractual legal relations.

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The concept of “free-term use of land”

The legislator in Art. 668 of the Civil Code of the Russian Federation clearly defines the concept of gratuitous fixed-term use. The law contains a definition of the person transferring the land as a lender, and the person accepting the land as a borrower.

The lender transfers the subject of the agreement to the borrower free of charge, which must subsequently be returned to the legal owner.

In this case, the borrower assumes responsibility for the actual preservation of the condition of the transferred plot. The legal relations of the parties in this case are also regulated by the Land Code. Article 24 contains a list of plots, the transfer of which for free use is possible.

If you want to learn more about the legal regimes of land, the article Legal regime of agricultural land will help you with this.

The object of the agreement is a land plot. The subjects of the agreement are the lender and the borrower.

Briefly about Article 24 of the Land Code.

Land plots owned by:

1. The state, as well as municipalities;
2. Individuals;
3. Legal entities;

The legislator allowed the transfer of plots for such use by organizations to their employees. Such use is called official use.

In the case of transfer of state-owned plots or those belonging to municipalities, state and municipal organizations can serve as the borrower. But the contract period will be limited to a year.

Subjects of free use

The state and municipalities can transfer their rights to land plots:

1. Religious organizations. The goal is the construction of religious buildings. For such development, it is necessary to prepare documentation in advance confirming the possibility of such construction.
2. Construction organizations for the purpose of development under government orders.
3. For development by housing construction cooperatives.
4. In special cases, forest lands can be transferred to both citizens and organizations.

Are you preparing a land donation agreement? This article will help you with this, it will tell you how to do everything correctly and in accordance with the requirements of the law.

Rights and obligations of the borrower

The borrower, that is, the citizen or organization that is the borrower, has the following responsibilities:

1. Use the site only for its intended purpose. It is possible to transfer land from one category to another, as well as to change its purpose, but until this happens, the plot can only be used in accordance with its direct purpose.
2. Comply with safety and sanitary standards to avoid damage to the land and damage to the environment.
3. Ensure the safety of any natural objects located on the land plot.
4. Prevent deterioration of the land, including a decrease in its fertility.
5. Conduct activities in accordance with the terms of the agreement and not go beyond its scope.
6. Return the plot to the lender upon expiration of the contract.

This video will tell you more about the provision of land plots for use:

The borrower has the right:

1. Use the land in accordance with its purpose.
2. Demand that the lender eliminate deficiencies that were not specified when concluding the agreement.
3. Demand compensation for expenses incurred in connection with the elimination of deficiencies not specified at the conclusion of the contract, as well as those that could not have been known earlier.
4. Transfer the plot for use to third parties or for rent, but only with the consent of the lender.
5. Refuse to perform the contract, compensating the other party for the losses caused.

Rights and obligations of the lender

The Lender undertakes:

1. Return the plot to the borrower within the time limits established by the agreement.
2. Accept the site by signing the acceptance certificate upon expiration of the contract.
3. Do not enter into other agreements that directly or indirectly affect the rights of the borrower.

Find out what perpetual use of land is by following the link.

The lender has the right:

1. Return the plot upon expiration of the contract.
2. Demand compensation for losses incurred in connection with the borrower’s failure to fulfill its obligations under the contract.
3. Refuse to perform the contract, compensating the other party for the losses caused.

An example of a free use agreement.

How to draw up a contract correctly

Prerequisites

The contract must contain some conditions:

1. Land cadastral number.
2. Category of land and its purpose.
3. Address.
4. Land area.

In the absence of any of the specified details, the agreement may be declared invalid.

A sample agreement can be downloaded here.

The contract may also contain conditions on liability for failure to comply with its terms by both parties, on the term and many other points that the parties consider necessary to indicate.

An important condition for concluding an agreement will be its state registration . However, registration is not required when the contract is concluded for a period of less than one calendar year (a similar rule applies to rentals). Rosreestr (documents can also be submitted to the MFC) will register this agreement as a restriction on the land plot.

The absence of a term in the contract will not constitute a significant violation of its terms. If it is not specified, the party that does not wish to continue cooperation will have to notify the other party of this in writing one month before the actual termination of the contract.

Do you need a land survey plan, but don't know where to get it? All information is presented here.

State registration and list of required documents

When registering an agreement both in Rosreestr and in the MFC, you will need the same package of documents:

1. Passports of the parties and their copies;
2. Power of attorney and passport of the person acting under the power of attorney (if one of the parties for some reason cannot appear for registration in person);
3. Constituent documents and their copies (if one of the parties is an organization);
4. Copies of contracts by number of parties;
5. A receipt (as well as a copy thereof) confirming the fact of payment of the state duty;
6. Cadastral passport of the property.

Contract time

The validity period of the agreement drawn up under the procedure for the gratuitous transfer of land is not specified by law. Although in some cases it may have a clearly limited period, for example:

1. The land was transferred for use to a person who entered into an employment contract with the enterprise and received departmental housing on land owned by the enterprise or local councils. In this situation, the period of use of the site is tied to the duration of the employment relationship
2. A plot of land (agricultural share) is issued to a farmer for conducting economic activities. In this case, the contract is concluded for a period of no more than six years. In this case, the agreement, by mutual consent of the parties, can be extended upon expiration of the primary agreement.
3. The land is allocated for free use to a non-profit or charitable enterprise. The period of use of the territory in such a situation will be equal to the time of existence of such an organization. When changing the form of ownership or reorganizing a budgetary enterprise, the land plot is returned to the manager.
4. For associations of citizens whose activities are related to gardening and vegetable growing for personal needs, the period of use of the plots is five years. In some regions, plots are provided for a longer period, but then this norm is regulated by territorial amendments.

Read also: How to find out the TIN from your passport online?

All of the above applies only to lands that are the property of the state. In a situation where the plot of land is private, the terms of free use are negotiated by the parties during the cooperation transaction.

When one party to the contract was an individual and during the validity period of the document he dies, the contract does not terminate until the moment specified in the document. The assignees do not need to enter into a new agreement or make changes to the existing one.

The purpose of the agreement for free fixed-term use of land

The nature of the agreement is unusual. The bottom line is that the owner transfers the plot at his own discretion, without requiring any payment and without any benefit. But this is at first glance.

The land requires some care. For example, one of the goals of transferring a land plot for free use is to reduce the costs of its maintenance. The borrower also receives the obligation to maintain the land and the lender significantly reduces its costs, especially if the land is not needed at the time of transfer. But this is only a special case.

How to get land for free use, watch this video:

In the case of transfer of state lands, certain state duties take place. For example, in the case of fulfilling a state order for the construction of real estate, the state contributes to the fulfillment of its own functions to provide certain categories of the population with housing.

You can find out what unified land use in the Russian Federation is by following the link.

Main features of the act

The agreement is, in essence, a free lease of land. However, the lease agreement itself is compensated, which led to the need to include a new rule.

Main features of the agreement:

1. Urgency. If there is no deadline, it is terminated upon the written application of one of the parties;
2. Organizations cannot transfer land for free use to their founders and management members;
3. Notarization is not required;
4. State registration (if it was concluded for a period longer than one calendar year);
5. Transfer of plots to state and municipal organizations is possible for a period of no more than one year. If there is a need to conclude a long-term agreement in connection with the performance of the functions of such an organization, then another agreement is concluded - an agreement for unlimited use.

Scheme of concluding a contract.

The contract for free, fixed-term use of a land plot does not aim to make a profit. The borrower uses the land plot, acquiring obligations. The lender transfers the land and subsequently receives it back in a condition no worse than taking into account normal wear and tear, taking into account the passage of time.

Settlement lands - what they are and why they are needed, you will find out here.

This type of agreement made it possible to fill a niche by ensuring legal relations between the parties that do not fit into the terms of the lease, since it involves compensation, but also do not fit the conditions of a donation, since a donation involves a transfer of ownership, which is not required for the temporary transfer of a plot.

Free use agreement

The basic rules for drawing up agreements for the free use of land are contained in Art. 689-701 Civil Code of the Russian Federation. The essence of contracts of this type is that the owner of the land transfers it free of charge to the user (individual or legal entity) for a specific period, after which the user returns the plot in the same condition as it was on the date of signing the contract.

The user's obligations under the contract are as follows:

1. Use the land only as permitted by its category, type of permitted use.
2. Protect special signs (landmarks and geodesic) from damage.
3. Take care of environmental protection.
4. Comply with fire safety requirements.
5. If the parties have specified deadlines for land development, ensure compliance with them.
6. Comply with urban planning and sanitary-hygienic standards.
7. Prevent deterioration of fertility and soil pollution.
8. Comply with laws relating to land use.

The most important characteristics of the contract are its urgency and gratuitousness. In addition, essential information that must be included in the contract includes:

• Cadastral number of the plot.
• Land use category.
• Type of permitted use (code according to the VRI Classifier).
• Land area.
• The exact postal address of the site.

Also on the topic: What has changed since March 1, 2020 when registering a house on a summer cottage?
If any of the listed points is not in the contract, it is very easy to challenge it in court due to the lack of sufficient agreement.

Download the agreement for free use of land (sample)