Article 21 of the Land Code of the Russian Federation in a new edition with Comments and latest amendments for 2020

Not all land plots belong to citizens on property rights. Although less common, lifelong inheritable ownership of a land plot also occurs as one of the options for using land. In essence, the owner has limited property rights when he actually owns and uses the land, but it belongs to state or municipal authorities.

This type of land rights was formed back in the days of the USSR, when an allotment could not belong to a citizen on the basis of property. After the change in the economic system, many citizens continued to own land plots with the same rights, and this is how it remains to this day.

Grounds for acquiring the right to lifelong inheritable ownership of a land plot

Property is the most reliable option for owning any object, including land, but it is far from the only one. At the moment, there are still cases when an allotment belongs to citizens on the right of lifelong inheritable ownership, so it is important to understand what it is and what is the fundamental difference from property.

Land was issued on the terms of lifelong ownership during the USSR. The point is that ownership of such an object was not previously provided for; the land was considered as the property of the entire country and people. But it was necessary to transfer it to citizens for use, which is why a new wording was introduced.

In fact, inherited ownership provides for almost the full range of constituent elements of property. Thus, the owner has the right to use and own, but is limited in the disposal of the land.

Although the disposal of the site is prohibited, there is an exception to this rule. The Land Code in Article 31 provides that the allotment can be transferred by inheritance. This rule has been in effect since Soviet times.

Previously, it was possible to receive inherited property from the state. Currently, land is not issued in this way; other legal mechanisms are used, for example, long-term lease or perpetual use. However, you can obtain the right in the following ways:

by inheritance . The heir will have the same scope of capabilities as the testator;
having purchased or received as a gift a building that is located on land . Direct sale of land is prohibited, but the law (Article 523 of the Civil Code of the Russian Federation) allows the sale of buildings and specifies that the land will follow such real estate.

In addition, a land plot owned by a citizen on this basis may be formed by dividing or merging plots that exist within the same legal framework.

Legal regulation

The concept of lifelong inheritable ownership was first introduced in the Soviet Union. Obtaining an allotment on this basis was possible, judging by the legislation that existed before 2001. The new Land Code no longer provides for this option.

Legal regulation is carried out on the basis of several legislative acts:

First of all, this is the Land Code of the Russian Federation . Thus, Article 11.8 specifies the methods of obtaining lifelong inheritable ownership;
The Civil Code of the Russian Federation in Article 265 indicates that this right arises in the cases specified in the Land Code of the Russian Federation, and Article 266 indicates the existence of the right to receive such an allotment by inheritance and erect buildings and structures on it;
Decree of the Government of the Russian Federation dated March 26, 2015 No. 279 is used when it is necessary to determine the value of such a plot, for example, for subsequent purchase;
Federal Law No. 218-FZ of July 13, 2020 “On State Registration of Real Estate” determines the procedure for registering transactions with these objects; for example, Article 49 lists the list of documents required for state registration of ownership of such a plot.

It turns out that the state no longer issues land on this basis, but also does not forcefully change the current situation. However, owners still have the opportunity to re-register the plots as their own.

Link to document:

How can you manage such a plot?

Direct sale of land owned by a citizen on this basis is prohibited. This is the main difference from property, because the owner can dispose of the object he owns as he sees fit.

As a general rule, such land can only be passed on by inheritance. It is transferred both by law and by will.

However, there is one loophole that citizens take advantage of. Thus, the legislator does not prohibit, but directly allows the construction of houses and other buildings and structures on the territory of plots, which will then belong to the owner of the plot. A person will be able to sell the building at any time, as well as donate it or dispose of it in some other way.

But what will happen to the earth in this case? Obviously, it will follow the fate of the building on which it is located, that is, it will pass to the new owner with the same scope of rights that the seller had. This principle is enshrined in Article 552 of the Civil Code of the Russian Federation.

Commentary on Article 21 of the Land Code of the Russian Federation

The right of lifelong inheritable ownership was first provided for by the Fundamentals of Legislation of the USSR and Union Republics on Land <213> in 1990 and was subsequently enshrined in the original edition of the Land Code of the RSFSR <214> in relation to land plots intended for running peasant (farm) farming; individual housing construction and personal subsidiary plots in populated areas; gardening; individual or collective dacha construction, construction of individual and collective garages; entrepreneurial activity and other purposes not prohibited by law. ——————————— <213> Fundamentals of legislation of the USSR and union republics on land dated February 28, 1990 // Gazette of the SND of the USSR and the USSR Supreme Court. 1990. N 10. Art. 129.

<214> Land Code of the RSFSR dated April 25, 1991 N 1103-1 // Gazette of the SND of the USSR and the USSR Armed Forces. 1991. N 22. Art. 768.

Since the mid-1990s, there has been a tendency towards the gradual removal of the right of lifelong inheritable ownership from the texts of regulatory legal acts and the disappearance of the category of landowners. According to paragraph 1 of the commented article, after the entry into force of the Land Code, the provision of a land plot to citizens on the right of lifelong inheritable ownership is not allowed, and the draft law N 444365-6 introduced to the State Duma “On amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation in terms of improving the procedure for providing land plots that are in state or municipal ownership” and it is proposed to completely exclude the commented article from the text of the current Land Code.

The right of lifelong inheritable ownership is possible only in relation to land plots that are in state or municipal ownership.

The landowner is granted the right to own and use a land plot, including the construction of buildings, structures and other real estate, with the establishment (clause 2 of the commented article) of a ban on the disposal of a land plot, with the exception of inheritance and the voluntary renunciation of a person’s right on the basis of Art. 53 ZK. The Supreme Court of the Russian Federation indicated (see paragraph 74 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 N 9) that the inheritance includes and is inherited on a general basis the land plot owned by the testator or the right of lifelong inheritable ownership of the land plot <215>. At the same time, the provision of paragraph 78 of the said Resolution of the Plenum of the Armed Forces of the Russian Federation is extremely important, according to which in the case of inheritance by several persons, each heir acquires a share in the specified right, regardless of the divisibility of the land plot. The heirs of a land plot that belonged to the testator under the right of lifelong inheritable ownership can only be citizens, and the inclusion in the will of an order regarding such a land plot in favor of a legal entity entails in this part the invalidity of the will. ——————————— <215> If the right to a land plot belongs to several persons, a share in the right of common ownership of the land plot or a share in the right of lifelong inheritable ownership of the land plot is inherited.

The right to lifelong inheritable ownership of a land plot in accordance with Art. 4 of the Law on State Registration of Rights to Real Estate and paragraph 1 of Article 131 of the Civil Code of Russia is subject to state registration.

As in the case of granting a land plot for perpetual use, the right of lifelong inheritable ownership can be re-registered, but there is no time limit for this.

Landowners pay land tax in the same way as owners and persons to whom land plots belong to the right of perpetual use (see commentary to Article 20 of the Land Code).

How to renounce lifelong inherited ownership

Rules Art. 53 of the Land Code of the Russian Federation provide for the possibility of renouncing rights to a land plot that belonged to the owner on the basis of the right of lifelong inheritable ownership. This can be done by contacting the administration of the municipality in whose territory the facility is located.

Refusal is carried out upon application, to which you will need to attach confirmation of the applicant’s identity, as well as the following documents:

cadastral passport, if the cadastral chamber database contains relevant information;
documents that confirm the existence of rights to the specified plot;
a copy of the decision to provide land to a citizen.

The decision to terminate rights to a land plot is made within one month from the date of filing the relevant application. The document is sent to the applicant within three days from the date of the decision.

The applicant’s rights are terminated not at the time of filing the application, but at the time the decision is made.

If the corresponding right has been registered in Rosreestr, then the municipal administration must send a corresponding notification to Rosreestr within a week from the date of the decision. The administration independently notifies the tax authority.

What is meant by violation of environmental legislation?

Non-compliance with the requirements is considered:

irrational use or use for other purposes (refusal of construction if the site is transferred for construction);
violation of environmental standards;
soil damage;
ignoring reclamation obligations, as a result of which the site cannot be used for its intended purpose.

The owner is given 3 years. During this time, he must begin construction or other activities provided for by the intended purpose. After this period, the land control authorities make a decision, and the documents are submitted to the court for seizure.

Confiscation of a land plot for violations provided for by law is permitted only through judicial proceedings. The land control body is obliged to collect a package of documents confirming that a warning was previously issued about the inadmissibility of violations of land legislation. And the owner did not fulfill the requirements set out in the warning on time.

Termination of the right to lifelong inheritable ownership of a land plot is permitted either by the will of the owner or by a court decision. The administration does not have the right to take away plots without a trial.

How to obtain the right of lifelong inheritable ownership

At the moment, the right of lifelong inheritable ownership cannot be granted by the state or municipality. Authorities use other procedures for transferring real estate to citizens in need, for example, entering into lease agreements.

You can receive an allotment on this basis either by inheritance or by purchasing a building located on it. There are no other methods.

Both an individual and a legal entity can obtain a plot on this basis. The legislator does not prohibit organizations from owning plots on this basis. However, it will no longer be possible to receive an allotment from the state, as it could have been done earlier, before the introduction of the Land Code into the legal field in 2001.

Withdrawal for public needs

The seizure of land for public needs is permitted for approved projects with compensation provided to the owners of the sites.

Warning is sent to land users 12 months in advance with proposed conditions. Compensation is calculated according to the methodology approved by the Government of the Russian Federation.

If, in the opinion of the owner, it is insufficient, he has the right to go to court. Authorities often lose due to failure to meet deadlines or low redemption prices.

The right to lifelong inheritable ownership of a land plot can be converted into a decent amount of money if you choose a competent lawyer in the event of seizure of the plot.

Termination of lifelong ownership of a plot of land

Termination of rights to inherited property is carried out on one of the following grounds:

Voluntary renunciation of a claimed right. This is done by submitting an application to the municipal administration. The applicant is not required to indicate the reasons for the refusal.
In case of transfer of land ownership. The plot can be transferred to private ownership; the legislator stimulates this moment by simplifying the procedure as much as possible.
Forced alienation in case of inappropriate use of the allotment. Carried out within the framework of Article 54 of the Land Code of the Russian Federation. It is implemented on the basis of a decision of the authority, after which the case is referred to the court for consideration. The user of the allotment can try to challenge this circumstance by proving that he is using the allotment for its intended purpose, and its operation does not harm the environment and ecology.
When selling a building located on the site.

The rights to the object are terminated at the time of death of an individual, as well as at the time of liquidation of a legal entity and are transferred to legal successors.

How to transfer ownership

Considering the fact that at the moment it is impossible to obtain a plot on this basis, the state encourages citizens to transfer such objects into ownership. This can be done in a simplified manner.

The procedure for transferring such an allotment to personal property is quite simple. You only need two documents:

cadastral passport;
order of the municipal authority on the provision of an allotment.

Documents are submitted to Rosreestr. Of course, you will need to have a passport or other identity document with you, and also pay a fee, the amount of which in 2020 is 2000 rubles.

The procedure will become a little more complicated if the site did not previously have clear boundaries, that is, an inventory was not carried out in relation to it. In this case, you will need to start with boundary work in order to draw up a cadastral plan.

If the plot is inherited, then you will first need to accept it, re-register it in your name, and then deal with the registration of ownership in the general manner. It will not be possible to re-register the object before accepting the inheritance.

In fact, the institution of lifelong inheritable ownership of land is gradually disappearing. At the moment, many plots are owned by citizens on this basis, but the state encourages the transfer into ownership.

Permitted use of land

The use of a land plot is possible in accordance with the category of land. Most often, personal use is assumed, for example, farming and construction of real estate, including residential.

There is no difference in the use of the land under the right of ownership. The only difference is the possibility of its implementation. That is, it will not be possible to sell or donate the land, but you can sell the buildings located on it.

As follows from the name and content of the law, a plot of land can be inherited, even if there are no buildings on it.

The land plot can be leased. This right is not prohibited, only alienation is limited.

When does the right expire?

When does the right expire? This is possible either at the request of the owner, or by decision of government agencies, that is, by force.

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Voluntary termination of ownership is considered for one of two possible reasons:

refusal of a person to permanently own in the future;
purchasing land as personal property and submitting a certificate of such transfer to the government agency (please note that in this case it is very important to follow the procedure for re-registration).

Compulsory termination of the right under Art. 45 of the Land Code of the Russian Federation is possible when the site is seized:

for municipal or state needs;
due to use that is considered inappropriate.

The latter stands for:

contributing to the emergence of an environmental situation that is considered unfavorable;
damage to the earth;
irrational operation or use other than for its intended purpose;
ignoring responsibilities aimed at soil reclamation or protection;
bringing the site into a condition that is unsuitable for rational use.

You should know that in some cases, land is provided to residents for the purpose of placing agricultural production or residential construction on it. In some cases, if this goal is evaded for three years, the plot may be seized. The specified period does not include the time required to develop the land.

How is it different from property rights?

The rights of lifelong inheritable ownership of a land plot are in no way equivalent to property rights.

There are several fundamental differences:

Land cannot be alienated. It will not be possible to sell, donate, or rent out the plot. Moreover, if you try to do this unofficially, the real right may be taken away legally;
The market price of such an asset is zero. Only for the actual owner can there be value - after all, he built a house there or regularly harvests crops. An outsider cannot get anything from this land;
It is now impossible to formalize such a right , because the basic law regulating land relations directly states that the right of lifelong inheritable ownership is retained by all persons who formalized it before the entry into force of the Land Code, and there are no new rules in this regard.

However, judicial practice suggests that lawyers have long found a loophole in this issue. Indeed, according to Article 53 of the Land Code, when a private home is sold, the land under it automatically becomes the property of the new owner. However, a large number of pitfalls does not guarantee the absence of problems in a few years.