Russia: Rules for use and development of land with a focus on the Moscow Region
By 1 July 2017, each municipality of the Russian Federation is obliged to adopt rules for the use and development of all land under its responsibility (“Use and Development Rules”). In the Use and Development Rules, amongst other requirements, the following must be determined:
- Type of use of every land plot,
- Location, characteristics and maximum measurements of future real estate objects,
- Technical conditions for the connection of land plots to the power networks
Development plans for every land plot
The owner and any lessee of a land plot is legally entitled to request from the relevant municipal authorities an extract of the Use and Development Rules regarding that land plot, such extract being named a land development plan (“Development Plan”). The Development Plan must be provided free of charge within twenty business days.
Any development of a land plot must comply with the respective Development Plan. There are further requirements that apply to the construction of linear objects (e.g. roads, communication lines, pipelines).
Particularities in the Moscow Region
In the Moscow Region, the Ministry of the Building Complex and the Main Department for Architecture of the Moscow Region have assumed all responsibilities regarding the development of land, including preparation and issuance of Development Plans, planning of construction projects, establishing boundary setting plans, preparation and issuance of building and commissioning permits. It is planned that these responsibilities shall pass to the municipal authorities after 31 December 2019.
Use and Development Rules have been adopted regarding the land in nearly all districts and settlements in the Moscow Region.
In the Moscow Region, the legal entitlement as to who can request a Development Plan has been extended to include any person interested in a land plot, e.g. for purchase and/or development. Development Plans can be obtained through the multifunctional centers which the Moscow Region has established for the provision of all municipal services and through the website https://uslugi.mosreg.ru.
This new position substantially improves legal certainty. Previously, municipal authorities had the power to adopt separate development plans for every land plot. Often such plans were established arbitrarily and contained parameters that were disadvantageous and unpredictable for an investor.