How and from whom will the land be seized? Answers to the main questions

Since September 1, Russia has approved criteria for the seizure of land if it is not used for its intended purpose. This can happen if a house has not been built on the territory or it is in a ruined state. The owners have one year to correct the violation. How to prevent the seizure and what procedure it follows is described in the Izvestia article.

What is "site development"?

• In 2025, the concept of "land development" was introduced into the Russian Land Code. This means that the owner must take measures to bring the site into a condition in which it will be suitable for its intended and permitted use. This applies to land plots from the composition of the lands of settlements, garden and garden land plots.

• A specific list of activities to be carried out has not yet been approved by the Government. However, the law has already specified the time period during which it is necessary to carry out the development of the site. After March 1, 2025, development must be carried out within three years after taking ownership after purchase, inheritance or acceptance as a gift. For plots that were purchased before this date, the three-year period runs from March 1, 2025.

• It cannot be withdrawn for the period of development of the land plot. The owner must bring it into a suitable condition for use within three years, and if this condition is not fulfilled and one of the criteria by which the site can be considered undeveloped is violated, then the withdrawal procedure will begin.

What are the criteria for recognizing a site as undeveloped?

• The first in the list of criteria approved by the government on September 1 is the cluttering of more than 50% of the land area with objects that are not related to its intended purpose and permitted use. This includes pollution from industrial and consumer waste, as well as municipal solid waste. The site is considered polluted if the owner does not try to fix it within a year after the violation is fixed.

• If the legal regime of the site provides for the construction or placement of buildings and structures, they must be built within five years. If we are talking about a plot allocated for individual housing construction (IHS), then the construction period is extended to seven years. In the latter case, the deadline is suspended if the court finds that the owner did not have time to complete the construction due to the actions or inaction of local authorities or companies responsible for laying utility networks.

• The reason for the withdrawal of the site may be that the roof and walls of the building or structure on the site are destroyed, as well as missing windows and glass in them. Such violations should be eliminated within a year after fixation. Capital construction facilities that have already been declared emergency and subject to demolition fall under the exception. In order for the site to be seized, all the buildings on it must be destroyed, not just one.

• The above criteria relate to land plots from the lands of settlements. There are fewer criteria for withdrawal for household, garden and garden land plots. Firstly, this is the same rule about the inadmissibility of cluttering up the territory by more than 50% of its area. Secondly, withdrawal is possible if more than half of the site has been occupied for more than a year by weeds over one meter tall, shrubs and trees that do not belong to the elements of landscaping.

• The criteria for seizure will not apply if the site has been seized, its intended use is prohibited, or it could not be used due to natural disasters. All these rules are still valid until September 1, 2031.

How is the land withdrawal going?

• The procedure for the seizure of land has not changed and has remained the same. If the supervisory authorities detect a violation, the owner will not be automatically deprived of the land. First, he will receive an order to correct the violations. It will contain the deadline for completing the specified work. In agreement with the supervisory authority, it can be extended if the situation cannot be fixed in time.

• If the correction period has expired, but the shortcomings remain, Rosreestr receives a notification about this. He, in turn, reports the problem area to the state authorities or local governments. They are already independently deciding whether to file a lawsuit with the court demanding the seizure of the land plot. If the withdrawal takes place, it will take place without compensation.