Land law. Permanent (indefinite) use (most important)

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Land law. Permanent (indefinite) use (most important)

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22. PERMANENT (PERMANENT) USE

Right of permanent (perpetual) use land is a property right of persons who are not owners. The right of permanent (unlimited) use of a land plot owned by the state or municipality is granted on the basis of a decision of the authorized state or municipal body.

From the date of entry into force of the Land Code of the Russian Federation, land plots that are in state or municipal ownership are provided for permanent (unlimited) use to state and municipal enterprises, institutions, as well as state authorities and local governments. Other legal entities are obliged to re-register the right of permanent (perpetual) use of land plots for the right to lease land plots or to acquire land plots in ownership. In addition, religious organizations have the right to re-register the right of permanent (unlimited) use to the right of gratuitous fixed-term use.

When selling buildings, structures, structures located on land plots provided to legal entities on the right of permanent (perpetual) use, such a right is subject to re-registration for the right to lease or land plots must be acquired in accordance with the provisions of the Land Code of the Russian Federation at the choice of the buyer of buildings, buildings, structures.

Land plots are not provided to citizens for permanent (perpetual) use. The provision of ownership of land plots previously provided to them for permanent (unlimited) use is not limited by a period.

The right of permanent (unlimited) use of state or municipally owned land plots that arose for citizens or legal entities before the entry into force of the Land Code of the Russian Federation is preserved. Citizens who own land plots on the basis of the right of permanent (unlimited) use have the right to acquire them in their ownership. A citizen has the right to acquire the land plot in his permanent (perpetual) use free of charge once, free of charge, while charging additional amounts of money in addition to the fees established by federal laws is not allowed.

Citizens or legal entities possessing land plots on the right of permanent (unlimited) use are not entitled to dispose of these land plots.

Citizens or legal entities to which a land plot has been granted for permanent (perpetual) use shall exercise possession and use of this land plot within the limits established by law, other legal acts and the act on granting the land plot.

These persons are entitled, unless otherwise provided by law, to independently use the site for the purposes for which it was provided, including the construction of immovable property. Real estate created by a person for himself is his property. Such persons also have the right to transfer this land plot for rent or gratuitous fixed-term use only with the consent of the owner of the plot.

The right to permanent (indefinite) use of a land plot is terminated if the land user renounces his right to the plot under the conditions and in the manner provided for in Art. 53 of the Land Code of the Russian Federation, or due to forced seizure.

Author: Medentsov A.S.

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