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The Russian Federal Service for State Registration, the Cadastre and Cartography (known as Rosreestr) has approved new lists of documents confirming an applicant’s right to acquire a land plot without a bidding procedure being held

14.10.2020
3 min read
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Pepeliaev Group advises that on 2 October 2020 Rosreestr’s Order No. P/0321 “On approving the list of documents confirming the applicant’s right to acquire a land plot without a competitive bidding procedure” dated 2 September 2020 (the “Order”) was published on the official legal Internet portal.

It is important to remember that there is a possibility to acquire title to a state or municipal land plot, or to lease it, or to acquire such land plot for permanent use (for an unlimited period), or for use free of charge without bidding based on the grounds for which the Russian Land Code (the “Land Code”) provides. 

The grounds for acquiring a land plot without a bidding procedure include, in particular:
  • having title to a building or construction located on the land plot[1];
  • a land plot being formed from a plot that has been provided for integrated urban development to a person with whom an agreement for integrated urban development has been concluded under the Russian Town Planning Code[2];
  • a legal entity implementing a large-scale investment project on the land plot provided that such project meets the criteria established by a law of the relevant constituent entity of the Russian Federation[3]. 

To acquire a land plot without a bidding procedure one should, first of all, apply to a competent authority for preliminary approval of the provision of the land plot if the land plot is to be formed or its boundaries are to be specified[4]. 

The application should be filed together with the documents set out in the list that is established by the federal executive body authorised by the Russian Government. At present such list is established by Order No. 1 of the Russian Ministry of Economic Development “On approving the list of documents confirming an applicant’s right to acquire a land plot without a competitive bidding procedure being held” dated 12 January 2015.

Rosreestr’s Order No. P/0321 dated 2 September 2020 establishing the lists of documents for acquiring a land plot without a bidding procedure based on 90 various grounds will substitute the specified Order No. 1 of the Russian Ministry of Economic Development dated 12 January 2015 from the date when the last clause is repealed[5]. 

What to think about and what to do

Companies planning to acquire state and municipal land plots without a bidding procedure should take into account the possibility that the legal regulation of this procedure described in this alert may change.

Help from your adviser

Pepeliaev Group’s lawyers are ready to provide comprehensive legal support to companies on any issues relating to the acquisition of title to state and municipal land plots, or the leasing of such land plots, or to the acquisition of such land plots for permanent use (for an unlimited period), or for use free of charge without a bidding procedure. 

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[1] Article 39.6(2)(6) of the Land Code and article 39.20 of the Land Code.
[2] Article 39.3(2)(1) of the Land Code.
[3] Article 39.3(2)(3) of the Land Code.
[4] Article 39.14(1)(2) of the Land Code.
[5] Clause 3 of the Order.

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