FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 23, 2014 No. 171-FZ

About modification of the Land code of the Russian Federation and separate legal acts of the Russian Federation

Accepted by the State Duma of the Russian Federation on June 10, 2014

Approved by Council of the Russian Federation on June 18, 2014

Article 1

Bring in the Land code of the Russian Federation (The Russian Federation Code, 2001, No. 44, Art. 4147; 2003, No. 27, Art. 2700; 2004, No. 27, Art. 2711; No. 41, Art. 3993; No. 52, Art. 5276; 2005, No. 1, Art. 15, 17; No. 10, Art. 763; No. 30, Art. 3122, 3128; 2006, No. 1, Art. 17; No. 17, Art. 1782; No. 23, Art. 2380; No. 27, Art. 2880, 2881; No. 31, Art. 3453; No. 43, Art. 4412; No. 50, Art. 5279, 5282; No. 52, Art. 5498; 2007, No. 1, Art. 23, 24; No. 10, Art. 1148; No. 21, Art. 2455; No. 26, Art. 3075; No. 31, Art. 4009; No. 45, Art. 5417; No. 46, Art. 5553; 2008, No. 20, Art. 2251, 2253; No. 29, Art. 3418; No. 30, Art. 3597, 3616; No. 52, Art. 6236; 2009, No. 1, Art. 19; No. 11, Art. 1261; No. 29, Art. 3582, 3601; No. 30, Art. 3735; No. 52, Art. 6416, 6419, 6441; 2010, No. 30, Art. 3998; 2011, No. 1, Art. 47, 54; No. 13, Art. 1688; No. 15, Art. 2029; No. 25, Art. 3531; No. 27, Art. 3880; No. 29, Art. 4284; No. 30, Art. 4562, 4563, 4567, 4590, 4594, 4605; No. 48, Art. 6732; No. 49, Art. 7027, 7043; No. 50, Art. 7343, 7359, 7365, 7366; No. 51, Art. 7446, 7448; 2012, No. 26, Art. 3446; No. 31, Art. 4322; No. 53, Art. 7643; 2013, No. 9, Art. 873; No. 14, Art. 1663; No. 23, Art. 2881; No. 27, Art. 3440, 3477; No. 30, Art. 4080; No. 52, Art. 6961, 6971, 6976, 7011) following changes:

1) Article 6 to add with Item 3 following of content:

"3. The parcel of land as object of the property right and other land rights provided by this Code is immovable thing which represents part of the land surface and has the characteristics allowing to determine it as individually certain thing. In cases and according to the procedure which are established by the Federal Law the artificial parcels of land can be created.";

The name of Chapter I.1 to state 2) in the following edition:

"Chapter I.1. Formation of the parcels of land";

3) Article 11.1 to recognize invalid;

To add 4) in Item 2 of Article 11.2 after the words "of which in case of the Section, consolidation, redistribution the parcels of land are formed" with words "(the initial parcels of land)", shall be replaced with words the words "in item 4" "in items 4 and 6";

Article 11.3 to state 5) in the following edition:

"Article 11.3. Formation of the parcels of land from the lands or the parcels of land which are in the state-owned or municipal property

1. Formation of the parcels of land from the lands or the parcels of land which are in the state-owned or municipal property is performed according to one of the following documents:

1) the boundary-setting plan approved according to the Town-planning code of the Russian Federation;

2) the project documentation about location, borders, the area and about other quantity and quality characteristics of the timberland;

3) the approved scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory which is stipulated in Article 11.10 of this Code.

2. Formation of the parcels of land from the lands or the parcels of land which are in the state-owned or municipal property is allowed according to the approved scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory in the absence of the approved boundary-setting plan taking into account provisions, stipulated in Item 3 these Articles.

3. Only according to the approved boundary-setting plan formation of the parcels of land is performed:

1) from the parcel of land provided for complex development of the territory;

2) from the parcel of land provided to the non-profit organization created by citizens for conducting gardening, truck farming, small-scale farming and construction or for maintaining small-scale farming and construction to other legal entities;

3) in borders of the territory concerning which according to the legislation on town-planning activities the agreement on its development is signed;

4) in borders of the element of planning structure which is built up with apartment houses;

5) for placement of linear objects of federal, regional or local importance.";

6) in Article 11.4:

a) in item 4 of the word "to gardening, gardening or country non-commercial consolidation of citizens, it is performed according to the project of the organization and building of the territory of this non-commercial consolidation or other document establishing distribution of the parcels of land in this non-commercial consolidation" shall be replaced with words "the non-profit organization created by citizens for conducting gardening, truck farming, small-scale farming and construction, it is performed according to the boundary-setting plan";

b) in Item 5 of the word "for the purpose of housing construction" to exclude, "leases of the parcel of land for complex development for the purpose of housing construction" shall be replaced with words words "about complex development of the territory concerning such parcel of land";

c) add with Item 7 of the following content:

"7. For the purpose of the Section of the parcel of land which is in the state-owned or municipal property and the executive body of the government or local government body, stipulated in Article 39.2 of this Code is provided on the right of permanent (termless) use, lease or free use, within one month from the date of receipt from the interested person of the statement for approval of the scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory shall make the decision on approval of this scheme or the decision on refusal in its approval with indication of the bases for refusal. On the cadastral plan of the territory are applied to the statement for approval of the scheme of arrangement of the parcel of land or the parcels of land:

1) the scheme of arrangement of the parcel of land or the parcels of land prepared by the applicant on the cadastral plan of the territory which are offered to be formed and changed;

2) copies of title and (or) right certifying documents on the initial parcel of land if the rights to it are not registered in the Unified State Register of Rights on real estate and transactions with it.";

7) in Article 11.7:

a) add Item 1 with the paragraph of the following content:

"In case of redistribution of lands and the parcel of land existence of the initial parcel of land stops and formed the new parcel of land.";

b) state Item 3 in the following edition:

"3. Redistribution of the lands and (or) the parcels of land which are in the state-owned or municipal property, among themselves and such lands and (or) the parcels of land and the parcels of land which are in private property is performed in cases and according to the procedure which are provided by Chapter V.4 of this Code.";

c) declare item 4 invalid;

8) in item 4 of Article 11.8 the word "urgent" to exclude the word "preferential" and the words "or on entering of corresponding changes into earlier signed lease agreements of the parcels of land or gratuitous fixed-term use by them";

Article 11.9 to add 9) with Item 7 of the following content:

"7. Formation of the parcel of land which borders cross borders of territorial zones, forest areas, forest parks, except for the parcel of land formed for work on geological studying of subsoil, developments of mineral deposits, placements of linear objects, hydraulic engineering constructions, and also water storage basins, other artificial water objects is not allowed.";

Chapter I.1 to add 10) with Article 11.10 of the following content:

"Article 11.10. The scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory

1. The scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory (further - the scheme of arrangement of the parcel of land) represents the image of borders of the formed parcel of land or the formed parcels of land on the cadastral plan of the territory. In the scheme of arrangement of the parcel of land the area of each formed parcel of land is specified and if formation of two and more parcels of land is provided, their conditional numbers are specified.

2. Preparation of the scheme of arrangement of the parcel of land is performed taking into account the approved documents of territorial planning, rules of land use and building, the site planning of the territory, land management documentation, provision about especially protected natural territory, availability of zones with special conditions of use of the territory, the parcels of land public, the territories public, red lines, location of borders of the parcels of land, location of buildings, constructions (including accommodation of whom is provided by state programs of the Russian Federation, state programs of the subject of the Russian Federation, targeted investment programs), objects of construction in progress.

3. Preparation of the scheme of arrangement of the parcel of land is provided with executive body of the government or local government body, stipulated in Article 39.2 of this Code if other is not provided by this Article.

4. Preparation of the scheme of arrangement of the parcel of land for the purpose of its education for provision without tendering can be provided with the citizen or the legal entity.

5. Preparation of the scheme of arrangement of the parcel of land for the purpose of its education for holding the auction selling the parcel of land or auction on right to contract of lease of the parcel of land can be provided with the citizen or the legal entity, except as specified formations of the parcel of land from the lands or the parcels of land located in borders of subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg, Sevastopol or in borders of settlements.

6. Preparation of the scheme of arrangement of the parcel of land for the purpose of its education by the Section of the parcel of land which is in the state-owned or municipal property and provided to the legal entity on the right of permanent (termless) use can be provided with the specified legal entity. Preparation of the scheme of arrangement of the parcel of land for the purpose of its education by the Section of the parcel of land which is in the state-owned or municipal property and provided to the citizen or the legal entity on the right of lease or free use can be provided specified by the citizen or the legal entity.

7. Preparation of the scheme of arrangement of the parcel of land for the purpose of its education for the subsequent withdrawal for the state or municipal needs can be provided with person for benefit of whom the parcel of land is withdrawn.

8. In case of formation of the parcels of land by redistribution of the parcels of land which are in property of citizens and intended for maintaining personal subsidiary farm, truck farming, gardening, small-scale farming and construction, individual housing construction, and the lands and (or) the parcels of land which are in the state-owned or municipal property, preparation of schemes of arrangement of the parcels of land is provided with the citizens who are owners of such parcels of land.

9. Preparation of the scheme of arrangement of the parcel of land is performed in electronic form.

If preparation of the scheme of arrangement of the parcel of land is provided by the citizen for the purpose of formation of the parcel of land for its provision to the citizen without tendering, preparation of this scheme can be performed at the choice of the specified citizen in electronic form or in the document form on paper.

10. Preparation of the scheme of arrangement of the parcel of land in electronic form can be performed with use of the official site of the federal executive body authorized in the field of the state cadastral registration of real estate and maintaining the State Immovable Property Cadastre on the Internet or with use of others technological and software.

11. The federal executive body authorized in the field of the state cadastral registration of real estate and maintaining the State Immovable Property Cadastre provides possibility of preparation of the scheme of arrangement of the parcel of land in electronic form with use of the official site of the specified federal body on the Internet by any interested person for a fee. The amount of such payment and procedure for its collection are established by the federal executive body authorized by the Government of the Russian Federation.

Preparation of the scheme of arrangement of the parcel of land in electronic form by public authorities or local government bodies with use of the official site of the federal executive body authorized in the field of the state cadastral registration of real estate and maintaining the State Immovable Property Cadastre on the Internet is performed without collection of payment.

12. Form of the scheme of arrangement of the parcel of land which preparation is performed in the document form on paper of the requirement to format of the scheme of arrangement of the parcel of land by preparation of the scheme of arrangement of the parcel of land in electronic form, requirements to preparation of the scheme of arrangement of the parcel of land are established by the federal executive body authorized by the Government of the Russian Federation.

13. The scheme of arrangement of the parcel of land affirms the decision of executive body of the government or the local government body authorized on the order by the parcels of land which are in the state-owned or municipal property if other is not provided by this Code.

14. In the decision on approval of the scheme of arrangement of the parcel of land concerning each of the parcels of land which are subject to education according to the scheme of arrangement of the parcel of land are specified:

1) the area of the parcel of land formed according to the scheme of arrangement of the parcel of land;

2) the address of the parcel of land or in the absence of the address of the parcel of land other description of location of the parcel of land;

3) cadastral number of the parcel of land or cadastral numbers of the parcels of land from which according to the scheme of arrangement of the parcel of land formation of the parcel of land, in case of its education from the parcel of land, data on which are entered in the State Immovable Property Cadastre, is provided;

4) the territorial zone in which borders the parcel of land is formed or if action of town-planning regulations does not extend to the formed parcel of land or for the formed parcel of land is not established the town-planning regulations, type of the permitted use of the formed parcel of land;

5) category of lands to which the formed parcel of land belongs.

15. Effective period of the decision on approval of the scheme of arrangement of the parcel of land constitutes two years.

16. The basis for refusal in approval of the scheme of arrangement of the parcel of land is:

1) discrepancy of the scheme of arrangement of the parcel of land to its form, format or requirements to its preparation which are established according to Item 12 of this Article;

2) complete or partial coincidence of location of the parcel of land which formation is provided by the scheme of its arrangement, with location of the parcel of land formed according to earlier made decision on approval of the scheme of arrangement of the parcel of land which effective period did not expire;

3) development of the scheme of arrangement of the parcel of land with violation stipulated in Article 11.9 of this Code of requirements to the formed parcels of land;

4) discrepancy of the scheme of arrangement of the parcel of land to the approved site planning of the territory, land management documentation, regulations on especially protected natural territory;

5) arrangement of the parcel of land which formation is provided by the scheme of arrangement of the parcel of land, in borders of the territory for which the boundary-setting plan is approved.

17. If borders of the parcel of land formed according to the scheme of arrangement of the parcel of land are crossed with borders of the parcel of land or the parcels of land formed according to the boundary-setting plan approved after day of approval of the scheme of arrangement of the parcel of land and before expiration of the decision on its approval, formation of the parcel of land is performed according to the approved scheme of its arrangement.

18. In the decision on approval of the scheme of arrangement of the parcel of land it is specified the right of the citizen or legal entity, filed petition for approval of the scheme of arrangement of the parcel of land, the address without power of attorney with the statement for state registration of the property right of the Russian Federation, the property right of the subject of the Russian Federation or the right of municipal property to the formed parcel of land.

19. It is not allowed to demand from the applicant of approval of the scheme of arrangement of the parcel of land, and also provision of the documents which are not provided by this Code.

20. The executive body of the government or local government body which made the decision providing approval of the scheme of arrangement of the parcel of land shall send in time no more than five working days from the date of adoption of the specified decision to the federal executive body authorized in the field of the state cadastral registration of real estate and maintaining the State Immovable Property Cadastre, the specified decision with appendix of the scheme of arrangement of the parcel of land, including with use of single system of interdepartmental electronic interaction and the regional systems of interdepartmental electronic interaction connected to it. The data containing in the specified decision and the scheme are subject to display on cadastral maps, held for use the unrestricted group of people.

21. Preparation by Federal fund of assistance to development of housing construction of the scheme of arrangement of the parcel of land in electronic form with use of the official site of the federal executive body authorized in the field of the state cadastral registration of real estate and maintaining the State Immovable Property Cadastre on the Internet is performed without collection of payment.";

11) in Article 19:

a) in Item 3 of the word of "state-owned property" shall be replaced with words "property of subjects of the Russian Federation";

b) in Item 5:

in paragraph one of the word "being in federal property, the parcels of land" to exclude, words "to citizens it is free according to Article 28" shall be replaced with words to "the separate categories of citizens and (or) non-profit organizations created by citizens according to subitems 6 and 7 of Article 39.5";

in the paragraph the second words "to citizens it is free according to Article 28" shall be replaced with words to "the separate categories of citizens and (or) non-profit organizations created by citizens according to subitems 6 and 7 of Article 39.5";

word in paragraph three "federal property," to exclude, shall be replaced with words words of "Moscow and St. Petersburg" "Moscow, St. Petersburg, Sevastopol", words "to citizens it is free according to article 28 of this Code" shall be replaced with words "to separate categories of citizens according to subitem 6 of Article 39.5 of this Code, and also to the separate categories of citizens and (or) non-profit organizations created by citizens in cases if the bases of free provision of the parcels of land to these persons are provided by this Code, other Federal Laws";

The name of Chapter IV to state 12) in the following edition:

"Chapter IV. Limited use of others parcels of land (servitude), lease of the parcels of land, free use of the parcels of land";

13) Articles 20 and 21 to recognize invalid;

14) in Article 22:

a) in Item 2 of the word "their owners" to exclude;

b) Items 3, 3.1 and 3.2 to recognize invalid;

c) in item 4 the second offer to exclude;

d) in Item 5 of the word of "the owner of the parcel of land" to replace with the word of "lessor";

e) in Item 6 of the word of "the owner of the parcel of land" to replace with the word of "lessor";

e) recognize Items 7 and 8 invalid;

g) in Item 9 of the word of "the owner of the parcel of land" to replace with the word of "lessor";

h) add with Item 12 of the following content:

"12. The amount of the rent is the essential term of the contract of lease of the parcel of land.";

15) in Article 23:

a) in Item 1 of the word "Private Servitude" to replace with the word "Servitude";

b) in Item 6 "private" to exclude the word;

16) in Article 24:

a) state the name in the following edition:

"Article 24. Free use by the parcels of land";

b) state Item 1 in the following edition:

"1. In free use the parcels of land can be provided:

1) being in the state-owned or municipal property, on conditions and according to the procedure which are stipulated in Clause 39.10 of this Code, including in the form of office plot;

2) being in property of citizens or legal entities, to other citizens or legal entities based on the agreement, including in the form of office plot.";

c) add with Item 1.1 of the following content:

"1.1. The agreement of free use is signed by the parcel of land according to the Civil code of the Russian Federation and this Code.";

d) Item 2 in paragraph one to exclude the word "urgent";

17) in Article 27:

a) in item 4:

in subitem 2 of the word "structures and" to exclude;

in subitem 3 of the word "structures and" to exclude;

b) in Item 5:

state subitem 7 in the following edition:

"7) intended for construction, reconstruction and (or) operation (further also - placement) objects of sea transport, inland water transport, air transport, constructions of navigation ensuring air traffic and navigation, infrastructure facilities of rail transport public, and also highways of federal importance, regional value, intermunicipal value or local value;";

declare subitem 8 invalid;

c) in Item 7 the word "structures" to exclude;

18) Article 28 - 34 to recognize invalid;

19) in Article 35:

a) in the name the word "structure" to exclude;

b) in Item 1 the word "structure", and the word "structure" to exclude;

c) declare Item 2 invalid;

d) in Item 3 the word "structures", and the second offer to exclude;

e) in item 4:

in paragraph one, subitems 1 and 2 the word "structures" to exclude;

add with the subitem 3 following of content:

"3) alienation of construction which is located on the parcel of land on the terms of the servitude.";

paragraphs the fourth and fifth to consider respectively paragraphs the fifth and sixth and in them the word "structures", to exclude;

to consider the paragraph of the sixth the paragraph the seventh and to state it in the following edition:

"Alienation by the participant of equity property of share in the property right to the building, construction or alienation by the owner belonging to it part of the building, constructions or rooms is carried out to them together with alienation of share of specified persons in the property right to the parcel of land on which are located the building, construction.";

e) in Item 5 the word of "structures", and the words "and items 4 and 5th Article 28" to exclude;

20) Articles 36, 38 - 39 to recognize invalid;

21) ceased to be valid according to the Federal Law of the Russian Federation of 29.07.2017 No. 217-FZ

To add 22) with Chapter V.2 of the following content:

"Chapter V.2. Exchange of the parcel of land which is in the state-owned or municipal property for the parcel of land which is in private property

Article 39.21. Cases of exchange of the parcel of land which is in the state-owned or municipal property on the parcel of land which is in private property

Exchange of the parcel of land which is in the state-owned or municipal property for the parcel of land which is in private property is allowed in case of exchange:

1) the parcel of land which is in the state-owned or municipal property on the parcel of land which is in private property and withdrawn for the state or municipal needs;

2) the parcel of land which is in the state-owned or municipal property on the parcel of land which is in private property and it is intended according to approved by the site planning of the territory and the boundary-setting plan for placement of object of social infrastructure (if placement of object of social infrastructure is necessary for observance of standard rates of town-planning designing), objects of engineering and transport infrastructures or on which the specified objects are located.

Article 39.22. Terms of the contract of exchange of the parcel of land which is in the state-owned or municipal property on the parcel of land which is in private property

1. The buildings, constructions located on the parcels of land which are the subject of the agreement of exchange also shall be subject of this agreement of exchange.

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