The concept of land category is set by the Landed Code of Russian Federation, and also Federal Law № of 172 dated 21.12.2004 "About land and land sections transfers from one category into another".
Depending on purposes lands in RussianFederation are divided into next categories:
- agricultural lands;
- lands for settlements;
- lands, that are used for industry, energy, transport, connection, broadcast, television, informatics, for providing the space activity, for defence, safety and lands for another special setting;
- lands for special guarded territories and objects;
- lands for forest fund;
- lands for water fund;
- lands for supplies.
According to the appendix of a 1 item 8 LC Russian Federation, deviding lands into the special categories and their transfers from one category into another touches next units:
- lands, that belong to the federal property (by the Government of Russian Federation); - lands, that belong to the property of some subjects of Russian Federation, and lands, that are used for agricultural purposes, and that are the municipal property (by executive subjects of Russian FEDERATION); - lands, that belong to the municipal property, except the lands of agricultural purposes, - by the organs of local self-government; - lands that are peculiar:
1. lands of agricultural purposes - by executive subjects of Russian Federation bodies;
2.lands that are used for another purposes - by the organs of local self-governments.
The direct order about land transfers from one category into another is set by Federal Law № of 172 dated 21.12.2004. It`s called "About land or land parts transfers from one category into another "(further is the Law about land transfers).
For transferring lands or land parts,that are the parts of such lands from one category into another, the interested person must gives the solicitor to the executive branch of state power or to the local self-government organ, that have special rights for consideration the solicitor.
Such solicitor should consider:
1) the cadastre number of the land part.
2) the land category, that is appropriated to the land part and the land category, that you would like to appropriate to the land part with your solicitor.
3) you must ground why you would like to transfer the land part.
4) rights about the land part.
Also you must attache the next documents according to the Law about land transfers:
1) the extract from the state cadastre of the real estate about the land part;
2) copies of documents, that certify the personality of declarant -physical person, or extract from the single state register of individual businessmen or extract from the single state register of legal entities;
3) extract from the Single state register of rights on the reale state and transactions with it about rights on the land part;
4) the conclusion of the state ecological examination in case if it`s realization is envisaged by federal laws;
5) the consent of legal owner of land part to transfer it from one category into another;
You must notice, that the consideration of your solicitor can be denied in case if the person, that appeals with it, or the packet of documents doesn`t correspond to the Law about land transfers. In this case it must be returned to the interested person during 30 days from the receiving day. Also the refuse must contain he reasons, why your solicitor was denied.
After the results of the consideration by the competent branch of state power or by the organ of local self-government, there must be a special act about transferring your land part in next terms:
1) during three months from the receiving day of the solicitor, if another is not set by the normative legal acts of Russian Federation, - by Government of Russian Federation;
2) during two months from the receiving day of the solicitor – by the executive branch of state power of subject of RussianFederation or organ of local self-government.
Such act can not be accepted on some certain term. After the acceptance or refusing the transfer act, it is directed to the interested person during 14 days from the accepting day. Also this act can be appealed in a court.
Land transfers cannot take place in case:
1) settings some limits according to the federal laws about transfers the lands or their parts from one category into another or prohibition on such transfers;
2) the negative conclusion of the state ecological examination in case if it`s realization is envisaged by federal laws;
3) the conclusion that the land or it`s part is used not for those properties that are established by documents of territorial plans or by the land-management documents.
The features of transfers are regulated by second part of the Law about land transfers, in where you can find the detailed description of features of every separate land category.
So, for example, transferring the agricultural land into another category is admitted only in exceptional cases, connected:
1) with the freezing of lands;
2) with the creation of the especially guarded natural territories or with attributing some lands to nature protected lands, hystorical, cultural lands, recreational and another lands;
3) with the establishment or changing the borders of settlements;
4) with placing the industrial objects on lands. the cadastre cost of which does not exceed the middle level of cadastre cost in the municipal district, and also on other lands and with another nonfarm needs, if there no another variants of placing these objects;
5) with including useless for realization the agricultural industry lands into the forest fund, water fund or ground fund lands;
6) with building of roads, lines of electricity transmission, oil pipelines, gas pipelines and another pipelines, railway lines and other similar buildings, if there is a project of recultivation the agricultural lands, that will take place during the period of bealding noticed objects.
7) with the execution of international obligations of Russian Federation, that provide our safety and defensive, if there no other variants for landing those objects; 8) with the mining, if there is a project of recultivation the agricultural lands; 9) with the placing of objects of the social, communal, domestic, objects of health protection, education in default of another variants of placing of these objects;
If the cadastre cost of agricultural lands or their parts is 50 or more % higher than the average cadastre cost of those lands, there transfer can not take place.
The transfer of lands, that are used for industry, energy, transport, connection, broadcast, television, informatics, providing space activity, for defensive, safety and lands for special settings can take place, but it has some features:
- if industry lands or lands for some special settings are broked, damaged or are built up by buildins, structures, building subjects that must be ruined, they should be transferred in to another category.
- If your want to transfer industry lands or lands for some special settings, where took place some activities, that ruined the levels of soil, there should take place the renewal of the broken earths first according to the project of land recultivation, except situations, when transfer take place thanks to the solicitor of the executive brunch of state power and organs of self government.
The land transfers of the especially guarded territories and objects take place only if you have positive conclusions of state ecological examination and another examinations set by federal laws in accordance with the legislation of Russian Federation about the guard of environment in case if their use on the special purpose can not take place because of loss by them their special nature protection, scientific, hystorical, cultural, aesthetic, recreational, health and another especially valuable values.
The lands of forest funds with protection forests on them or their parts can be transferred in case:
1) if you can`t use them further in their special purposes;
2) there is no need to use them for forest fund;
3) there is need to provide the defensive of country and safety of the state, needs of agriculture, energy, mining, maintenance of objects of cultural heritage of people of Russian Federation.
The lands of water funds can be transferred in case:
1) creation of the especially guarded natural territories;
2) establishments or changing of settlements;
3) placing of objects of state or municipal value if there are no another variants of placing of these objects;
4) stopping of existence of water objects, changing of river-bed, borders and another changes of site of water objects if there is a positive conclusion of state ecological examination.
Transferring the land part from the lands of supply into another category depending on it`s future uses can take place only after forming according to the established procedure a land part.