Gratuitous urgent use of land plots: conditions. Unlimited use of land

Since March 1, 2015, all the existing types of land rights , including unlimited use, have been amended. The innovations touched upon the rules of granting allotments, drawing up documents and a number of other issues. Let's consider further, what order of use of the ground area operates today.

General information

In Soviet times, there was only state ownership of land. At the same time, it was allowed to provide allotments to organizations and the population. The right to permanent use of the land was recorded in the Constitution of the USSR. It was given mainly to collective farms. Such a concept as the permanent perpetual use of land was officially introduced in February 1990 in the ZK. In 1991, it was re-recorded 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. At the same time, the latter clearly understood the necessity and inevitability of transformations in the sphere of state property. In this connection, they tried to create such conditions under which privatization would concern only the buildings without transferring ownership of the plots under them. In the case of reverse reform, this would be the basis for a return to the pre-existing rules.

The situation before the introduction of a new ZK

The permanent indefinite use of the land was considered by the authorities as a relic of the Soviet system that existed for quite a long time. This concept was repeatedly tried to exclude from the domestic legislation. In accordance with the LC of 1991, the right of unlimited land use could only be granted to organizations. Those citizens who received allotments before the adoption of this code, pledged to carry out the re-registration of their ownership or lease. The introduced legislation, moreover, prohibited the provision of sites for perpetual use by natural persons. In 1994, the Civil Code again established the possibility of free receipt of allotments for use by citizens.

Specific legislation

The unrestricted use of the land for an unlimited period was retained in Ch. 4 ZK. It is devoted to a limited regime of ownership of real estate. At the same time, the ZK has duplicated the ban on the transfer of land to permanent use by citizens and confirmed the preservation of this right for individuals and organizations, if it arose before the introduction of the code.

At the same time, the legislator emphasized the inability to dispose of such allotments. Simultaneously with the introduction of the Code, a special normative act was adopted that regulated this procedure. In accordance with it, citizens were given the opportunity to formalize the areas that are in use for free. As for the organizations, they were charged with the duty to redeem their plots or rent them. Several times the timing of re-registration shifted. In 2013, the CoAP established responsibility for their non-compliance. On the offenders, a fine of 20 to 100 thousand rubles was imposed. This measure forced most organizations to re-register allotments.

Changes in 2015

Since March 2015, free permanent use of land is excluded from the code. All the points in which there were references to him were canceled. Meanwhile, the ZK did not exclude this category of rights from land legislation. In Art. 39.9 provides a list of legal entities and bodies that can receive allotments. This list does not include individuals and organizations of non-state type of ownership.

Nuance

As it becomes clear from the above information, for today the right to use the land plot can be granted for specific periods. They are defined by Art. 39.10 ZK. Meanwhile, the permanent use of the land plot is provided for in two normative acts. They were adopted in August 1996. A number of specialists believe that the introduction of the term "gratuitous perpetual use of land" in the normative acts indicates a low legal culture of legislators of the time. Some experts are of the opinion that the perpetual use of the land plot can be carried out by any citizen who is not in a hurry to re-arrange the allotment. Legislation does not restrict individuals to fines, does not establish specific periods.

Gratuitous urgent use of land plots

It is carried out on the basis of a contract. In accordance with it, one side assumes the obligation to transfer or provides the allotment / its part for a certain period free of charge to the other party. The latter, in turn, agrees to exploit the territory in accordance with the permitted use and purpose. The second party also takes obligations to comply with environmental, resource, environmental, town planning legislation. Gratuitous urgent use of land plots involves the return of allotments after the expiration of the period specified in the contract in a condition suitable for further operation.

Subjects

Provide allotments may executive bodies of state and local authorities, having the authority to dispose of property. Gratuitous urgent use of land plots can be carried out:

1. Municipal and state institutions.
2. Federal state-owned enterprises.
3. The bodies of territorial and state power.
4. Legal persons and citizens.

Categories of allotments

In the urgent free of charge use may be granted land plots of land:

1. Which are in state / municipal ownership. Provision of allotments is carried out by the executive structures listed in art. 29. Sites are transferred to organizations that have the appropriate right, according to the code. In particular, we are talking about municipal and state institutions, state-owned enterprises.
2. Owned by legal entities and citizens in accordance with the contract.
3. Organizations listed in Section 2, Art. 24, as official plots for natural persons.

An Important Moment

Urgent gratuitous use is carried out in accordance with the decision of the authorized executive state or municipal body endowed with the relevant competence, according to art. 9-11 ZK. The legislation establishes a maximum period for the allotment of allotments. Gratuitous urgent use of land plots is carried out for not more than a year. In the case of granting allotments owned by organizations or citizens, the period is determined by the terms of the contract. For example, the use of the official site is carried out during the period in which the employment contract is in effect.

Negotiable nature of relations

The term "perpetual" means the use of a site without any time limits. In this it differs from the free operation of the allotment, for all types of which the norms establish specific periods. Meanwhile gratuitousness can be present and in perpetual use. In this case, there is a delineation from the institution of rent. Unlimited use, unlike gratuitous, is carried out on a non-contractual basis. This is due to the fact that, at a time when allotments were provided in this regime, 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 given to dacha and horticultural cooperatives and partnerships. In this regard, such a term as a contract for indefinite use is considered legally inconsistent.

The provisions of ZK

Citizens who exercise unlimited use have the opportunity to formalize the ownership of the allotment. It is provided for by a regulatory act regulating the implementation of the LC. In this case, there will be no meaning or absence of indication in the title document (certificate or certificate) of the type of law for which the site is provided. The physical persons who exploit an allotment belonging to the municipality or the state, with the structures located on it and being in their legal possession, can also issue the property. As was said above, plots of land for citizens for unlimited use today are not provided. However, the law does not provide for the automatic cancellation of this legal possibility regarding allotments allocated before the introduction of the code. Registration in the property is allowed only once.

Restrictions

According to Art. 269 CC of the entity, which is granted a site for use indefinitely, has the right to operate and own the estate within the limits provided by law, other regulatory acts, as well as the document on the basis of which it was allocated. The order, however, is not allowed. Exceptions to this rule are the following:

1. Conclusions of the easement agreement.
2. Transfer to the citizen of the site as a service plot.

Subjects, therefore, unlike owners, are deprived of the opportunity to dispose of the given territory. Persons who use the site for an unlimited period of time can not transfer it to rent, gratuitous operation for a specific period, including when they obtain the consent of the legal owner. Any transaction related to the disposal of the allotment will be considered null and void. Legislation also does not allow the introduction of the right to use the stock (statutory) capital of a non-commercial and commercial company.

Restructuring of allotments by organizations

As noted above, legal entities are charged with the obligation to turn the allocated land plot into property or lease it. The legislation set a deadline by which it should have been done, on January 1, 2012. In the event of a violation of the deadline, a fine was provided. If the legal entity reissues the lease, the operating fee is set at 2%, and for allotments allocated from agricultural areas, the amount is 0.3% of the cadastral value. In the event of the withdrawal or restriction of the turnover of land, the rent is 1.5%. Changes in these values are allowed when adjusting the cadastral value. Persons who used lots with different line objects had to be re-registered before January 1, 2016. If the subjects did not have time to lease the territory, they can buy it out at a price of 2.5% of the cadastral value. For garden, cottage, horticultural associations and partnerships, the time for re-registration of land is unlimited.