New criteria for non-use of land plots: what will change from September 1st
On Tuesday, June 3, signs of undeveloped land were approved in Russia, according to which local authorities will be able to distinguish abandoned plots from developed ones and officially seize plots. The decree was signed by Prime Minister Mikhail Mishustin, and the document is posted on the official Internet portal of legal information. Details can be found in the Izvestia article.
Resolution on land plots
The decree of the Government of the Russian Federation No. 826, approved on May 31, introduces from September 1, 2025, clear criteria by which a land plot can be considered unused. This applies to the lands of settlements, as well as garden and garden plots.
The document was developed by Rosreestr as part of the implementation of FZ-307, which entered into force on March 1 this year. According to the decree, if the land is already owned, control over its use will begin no earlier than September 1, 2028. For new owners, the countdown period begins immediately from the moment of purchase of the plot. At the same time, if the owner announces construction plans, the development period is extended to five years instead of three.
After the adoption of the law, the land plot can be withdrawn only after five to seven years. First of all, the owner will be notified with a request to eliminate violations and set aside a certain period of time to correct the situation. If the owner does not take any action, legal proceedings will follow in order to seize the site.
List of violations and grounds for withdrawal
One of the key signs of recognizing a site as unused, according to the new resolution, is the cluttering or contamination of more than half of its area. The violation must be eliminated within a year from the date of its last fixation.
For the plots allocated for construction, the criterion of non-use is the absence of an object erected and registered in ownership for five years, except in cases where a different period is set by the issued construction permit.
At the same time, a separate period has been set for individual housing construction (IHS) plots — seven years for the completion of construction and registration of an apartment building.
If there are already buildings or structures on the site, they must be in satisfactory technical condition. Signs of a violation are, in particular, roof collapses, collapsed walls, broken windows and other damage indicating neglect.
Standards of care have also been introduced for garden, garden and household plots: the territory should not be overgrown with weeds. A plot will be considered unused if more than half of its area is covered throughout the year with weeds over 1 m high, as well as wild shrubs or trees that are not related to landscaping elements.
These signs do not apply if the use of the land is impossible due to arrest, natural disasters or other circumstances that exclude its use.
What has changed after the adoption of the resolution
Prior to the adoption of the resolution, the procedure for recognizing the site as unused was less formalized. The grounds for the seizure of land were determined by the general norms of the Land Code of the Russian Federation, without specific criteria, which made legal application difficult and created risks of subjective assessments by regulatory authorities.
The new rules allow the supervisory authorities to rely on clear signs when conducting inspections, minimizing the possibility of biased assessments and corruption risks.
For the owners, this means specific guidelines.: they will understand in advance what signs may lead to the recognition of the site as unused, and will be able to take measures to comply with the law.
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