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Home » Services » Real Estate & Construction » Types of Ownership

Types of Ownership

The RF Constitution and the RF Civil Code define three main categories of the property in Russia: private, state and municipal, depending on identity of an owner.

  • Private property is that of citizens (including citizens registered as individual entrepreneurs) and legal entities. Limitations on quantity and value of items of particular kinds of property owned by citizens and/or legal entities can be established by the law (Art. 213 [2] the RF Civil Code). However, no such limitations are present currently.
  • State property is that of the Russian Federation and Subunits of the Russian Federation (hereinafter - the RF Subunits). The property (including real property) belonging to the RF is the federal property. The property belonging to republics, provinces, regions, cities of federal significance, the autonomous region, districts is the property of the RF Subunits (Art. 214 the RF Civil Code).
  • Municipal property is that belonging to municipalities, urban and rural settlements, etc.

Forms of Ownership of Land, Land Titles and Some Limitations

In accordance with the Russian Constitution, the land and other natural resources may be in the private, state and municipal forms of ownership. Under the Land Code, allocation of state lands among federal regional and municipal ownership is regulated by the Federal Law on Allocation of State Ownership of Land.

Owners may possess, use and dispose of their land plots freely, unless in doing so they cause damage to the environment or violate the rights and lawful interests of other persons. Unless otherwise established by the law, the ownership right to the land plot is extends to the surface (the soil) layer, enclosed water objects, forests and other vegetation situated within the boundaries of the land plot. There are some limitations connected with the legal regime of some types of land, which are restricted from commercial exploitation, e.g. specially preserved territories.

Certain limitations in respect of land use are imposed in the Land Code by references to specific purpose use according to designated categories of land (division of the land into certain categories) and allowed use according to the territorial zoning (varieties of land using within one category of land).

The Government has a first refusal right in case of sale of private agricultural lands.

 

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