The law on the “linear amnesty” has come into force
Pepeliaev Group advises that the law on the “linear amnesty” has come into forceFederal Law No. 430-FZ “On amending the Land Code of the Russian Federation and certain items of the legislation of the Russian Federation” dated 4 August 2023 (the “Law”) came into force on 15 August 2023.
The Law was adopted in pursuance of the Russian President's instruction No. Pr-1842 dated 12 November 2020 to develop mechanisms for the registration of rights to infrastructure lines created before the modern legal system of city-planning regulation appeared.
The Law extends the current procedure for establishing a public easement to include the registration of rights connected with land plots for the purposes of communications providers and natural monopoly holders using infrastructure lines to provide power, natural gas, heat and water supply, as well as water disposal and communications services to the public. The condition is that the infrastructure lines must have been built before the Russian Town-Planning Code came into effect (30 December 2004).
A public easement can be established by a natural monopoly holder or a communications provider by filing an application with the authorised body. A technical plan and a declaration about the real estate item prepared in accordance with Federal Law No. 218-FZ “On the state registration of immovable property” dated 13 July 2015 must be enclosed with the application, unless such infrastructure line is a movable item.
No documents of title or construction documents are required for infrastructure lines built before 30 December 2004.
The state cadastral registration and/or the state registration of rights to such infrastructure lines will also be carried out based on the declaration about the real estate item.
Pepeliaev Group's Comment
We can see that this mechanism is aimed at legalising those infrastructure lines which were built without any permissions being obtained and rights to which were not properly registered.
According to the current version of the Law, the “linear amnesty” will be in effect until 1 January 2025.
Also, the Law makes it possible to change the registration from the right to use the land plot on a permanent basis (for an indefinite period) or the right to lease the land plot to a public easement if the land plot contains a facility, the use of which opens up, according to current legislation, a possibility to establish a public easement.
What to think about and what to do
Natural monopoly holders and communications providers can use the simplified procedure for registering rights to infrastructure lines and land plots.
At the same time, the registration of rights to infrastructure lines can affect rights of third parties and give rise to disputes connected with ownership titles to infrastructure lines and rights to use land plots.
The procedure for establishing a public easement includes publishing a notice about the possibility of it being established. Individuals and companies may file objections against a public easement being established with which documents of title to the infrastructure line must be enclosed. The receipt of such objections is a ground for a refusal to establish a public easement in favour of a natural monopoly holder.
A public easement may be established regardless of the form of ownership of the land plot. The holder of a public easement must pay the fee for the public easement. The fee for a public easement of land plots that are privately owned or are in state or municipal ownership but have been provided to individuals or companies for their use, shall be determined in accordance with the Federal Law “On appraisal activities in the Russian Federation” and entrenched by an agreement.
The holder of title to the land plot may challenge in court the authorised body’s decision to establish a public easement before the expiry of thirty days from the receipt of the draft agreement to implement the public easement.
If the holder of a public easement has not proposed to the holder of title to the land plot to enter into a corresponding agreement, the holder of title to the land plot may also go to court. In this case, an agreement to implement the public easement will be treated as having been concluded on the terms and conditions set out in the court decision.
Help from your adviser
Pepeliaev Group's experts provide comprehensive legal support both regarding the registration of rights to capital construction facilities, infrastructure lines and land plots, and regarding the resolution of disputes (including court disputes) connected with real estate.
We are available to advise you on any matters arising in connection with this Law having come into force.