Russian Land Ownership

Land Code of the Russian Federation

The Land Code of the Russian Federation (Zemelny Kodeks Rossiyskoy Federatsii, ZK RF), adopted in 2001 and effective from 30 October 2001, is the principal legislative act governing land relations in Russia. The Code replaced the Soviet-era Land Code of the RSFSR (1991) and established the legal framework for private ownership of land, a fundamental departure from the Soviet system under which all land was owned by the state. The Code is based on the constitutional principle (Article 36 of the Constitution of the Russian Federation) that citizens and their associations have the right to own land privately, subject to the conditions established by federal law.

The Code divides land into seven categories by designated purpose: (1) agricultural land (zemli selskokhozyaystvennogo naznacheniya); (2) settlement land (zemli naselyonnykh punktov); (3) industrial and other special purpose land (zemli promyshlennosti i inogo spetsialnogo naznacheniya); (4) specially protected territories and objects (zemli osobo okhranyaemykh territoriy i obektov); (5) forest fund land (zemli lesnogo fonda); (6) water fund land (zemli vodnogo fonda); and (7) reserve land (zemli zapasa). The category determines the permitted use (razreshennoe ispolzovanie) and affects the legal regime, including the possibility of private ownership, transferability, and restrictions.

Private Ownership of Land

Private ownership (chastnaya sobstvennost) of land may be held by citizens and legal entities, with certain exceptions. The Land Code recognises the following forms of ownership: private ownership (citizens and legal entities); state ownership (federal and regional); municipal ownership; and common ownership (obshchaya sobstvennost), which may be joint or shared. The acquisition of land ownership is possible through: (1) privatisation of state or municipal land; (2) purchase and sale agreements; (3) inheritance; (4) gift; and (5) other transactions permitted by civil legislation.

The privatisation of land (privatizatsiya zemelnykh uchastkov) is governed by the Federal Law on the Enactment of the Land Code (No. 137-FZ of 25 October 2001), which provides for: (1) free privatisation of land under buildings owned by citizens; (2) purchase of state or municipal land by owners of buildings located on the land (with a preferential price of up to 2.5% of the cadastral value for certain categories); and (3) auction-based sale of state and municipal land for construction purposes. The Land Code also provides for perpetual use (postoyannoe polzovanie) — a right inherited from the Soviet system — which may be held by state and municipal institutions, but not by citizens or commercial organisations.

Perpetual Use (Postoyannoe Polzovanie)

The right of perpetual use (postoyannoe (bessrochnoe) polzovanie) is a limited property right under Article 20 of the Land Code, under which land is provided by the state or municipality for use without a fixed term. This right was the primary form of land tenure under Soviet law and was retained for existing users after the 2001 reforms. New grants of perpetual use are permitted only to: state and municipal institutions; state-owned enterprises (kazyonnye predpriyatiya); and state authorities and local self-government bodies.

Holders of perpetual use rights may not dispose of the land (sell, lease, or mortgage) without first privatising it. The Land Code (Article 20.2) requires that perpetual use rights be re-registered as ownership or leasehold by 1 January 2028 for commercial organisations, though this deadline has been repeatedly extended. Non-compliance may result in the right being terminated by the state. The Constitutional Court has held that the right of perpetual use is constitutionally protected and may not be arbitrarily terminated without compensation.

Leasehold and Other Rights

Land leaseholds (arenda zemelnykh uchastkov) are regulated by the Land Code (Articles 22, 46–48) and the Civil Code (GK RF). Leases may be short-term (up to one year) or long-term (up to 49 years). Lease agreements must be in writing and registered with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). The lessor may be the landowner (private or public) or a person authorised by the owner. Leasehold rights may be transferred to a third party (sublease) with the lessor’s consent, unless the lease agreement provides otherwise.

Other property rights include: (1) easements (servituty) — limited rights of use over neighbouring land for access, utility installation, or other specified purposes; (2) life-long inheritable possession (pozhiznennoe nasleduemoe vladenie) — a right available only to citizens on land provided before the 2001 Code; and (3) free-term use (bezvozmezdnoe srochnoe polzovanie) — temporary use without payment, available for specific purposes such as agricultural production or construction.

Agricultural Land Restrictions

Agricultural land is subject to specific restrictions under the Federal Law on the Turnover of Agricultural Land (No. 101-FZ of 24 July 2002). The Law provides for the free circulation of agricultural land but imposes: (1) a general prohibition on foreign citizens, foreign legal entities, and legal entities with foreign participation exceeding 50% owning agricultural land; (2) a ban on state ownership of agricultural land by foreign states; (3) a maximum size limit for agricultural land held by a single person or entity within a municipal district; and (4) a requirement that agricultural land be used for agricultural purposes, with penalties for non-use (vypolnenie ne po naznacheniyu).

The Federal Law on Agricultural Land Turnover also establishes pre-emptive purchase rights (preimushchestvennoe pravo pokupki) for regional authorities and, in certain cases, other agricultural producers. Where agricultural land is sold, the seller must notify the regional authority, which has the right to purchase the land at the offered price within 30 days (or 90 days for auctions). Non-compliance renders the transaction void. The restrictions on foreign ownership have been upheld by the Constitutional Court on grounds of food security and protection of national resources.

Registration System

Land rights are registered through the Unified State Register of Real Estate (Ediny Gosudarstvenny Reestr Nedvizhimosti, EGRN), maintained by Rosreestr. Registration is governed by the Federal Law on State Registration of Real Estate (No. 218-FZ of 13 July 2015), which established a single registration system replacing the earlier separate registers for land and buildings. The EGRN contains: cadastral registration data (technical description, cadastral number, area, location); rights registration data (owner, type of right, restrictions, encumbrances); and boundary information.

Registration is mandatory for the creation, transfer, limitation, or termination of land rights. The registration procedure involves: (1) submission of an application and supporting documents to Rosreestr (in person, by post, or electronically through the Gosuslugi portal); (2) legal examination by a Rosreestr registrar (gosudarstvenny registrator) within 7 working days; (3) verification of the applicant’s identity and legal capacity; (4) checking for inconsistencies with the EGRN; and (5) entry into the register or refusal with reasons. The cadastral value (kadastrovaya stoimost) of land, determined by mass valuation methods under the Federal Law on State Cadastral Valuation (No. 237-FZ of 2016), serves as the basis for land tax and purchase price calculations.

Dacha Legal Framework

The dacha (dacha) legal framework has undergone significant reform. The Federal Law on Gardening and Horticulture by Citizens for Their Own Needs (No. 217-FZ of 29 July 2017) replaced the earlier laws on gardening partnerships and dacha cooperatives. The Law defines: (1) gardening land plots (sadovye zemelnye uchastki) — on which residential buildings may be constructed and registered as permanent residences; (2) horticultural land plots (ogorodnye zemelnye uchastki) — intended for seasonal cultivation and non-residential structures only; and (3) dacha land plots (dachnye zemelnye uchastki) — a transitional category regulated under the pre-2017 rules for existing plots, with new allocation discontinued.

The Law also regulates the governance of gardening non-commercial partnerships (sadovodcheskie nekommercheskie tovarishchestva, SNT), including: the rights and obligations of members; the management structure (general meeting, board, chairperson); the collection of membership fees; and the use of common property. Disputes over dacha land are common and are adjudicated by courts of general jurisdiction and arbitration courts depending on the parties involved.