Transfer of forest fund lands to lands in another category

Documents required to be provided:

1. Petition for transfer of forest fund lands to another category.
2. A copy of the identity document of the applicant - an individual.
3. An extract from the Unified State Register of Individual Entrepreneurs or an extract from the Unified State Register of Legal Entities - for individual entrepreneurs, legal entities.
4. A document confirming the relevant powers of the applicant’s representative (if the application is submitted by a representative of the applicant), with a copy of the identity document of the applicant’s representative.
5. An act on the selection of a land plot, prepared in accordance with the form approved by Order of the Ministry of Natural Resources of Russia dated November 24, 2004 No. 702 “On approval of the form of an act on the selection of a forest fund plot.”
6. The decision of the executive body of the constituent entity of the Russian Federation, exercising the powers delegated in accordance with Part 1 of Article 83 of the Forest Code of the Russian Federation, to approve the act of selecting a land plot.
7. An act of full-scale technical inspection of a land plot, prepared in the manner established by Order of the Ministry of Natural Resources of Russia dated November 24, 2004 No. 701 “On approval of the Procedure for the preparation and approval of an act of full-scale technical inspection of a forest area.”
8. An extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the property.
9. Documents confirming the absence of mineral resources on the land plot requested for transfer in the subsoil under the site of the upcoming development, containing information about the location, cadastral number of such a site, and permission to develop a land plot located in areas where mineral resources occur, as well as the placement of underground mines in places where they occur structures in the case of the presence of minerals in the subsoil under the site of the upcoming development, containing information about the location, cadastral number of such a site, issued by the authorized federal executive body providing the relevant public service.
10. The conclusion of the state environmental assessment if its implementation is provided for by federal laws, or documents confirming the compliance of activities related to the use of the land plot for the requested purposes with the environmental requirements established by technical regulations and legislation in the field of environmental protection, in order to prevent the negative impact of such activities on the environment, as well as in cases provided for by federal laws, documents certifying compliance (non-compliance) with state sanitary and epidemiological rules and standards for environmental factors, economic and other activities, products, works and services, as well as draft regulations, operational documentation related to the use of the land plot for the requested purposes.
11. Documents on the presence (absence) of cultural heritage objects on a land plot, containing information about the location of such a plot.
12. Documents on the approval of the construction and reconstruction of capital construction projects, the introduction of new technological processes and the implementation of other activities that have an impact on aquatic biological resources and their habitat.
13. Documents on the presence (absence) of encumbrances on a land plot, containing information about the location of such a plot.
14. Consent of the owner of the land plot to transfer the land plot to another category, except for the case if the owner of the land plot is the person with whom an agreement has been concluded to establish an easement in relation to such a land plot, containing information about the location of such a plot.
15. Coordination of activities planned on the transferred land plot with the relevant executive authorities or copyright holders of objects located on such land plot, in cases provided for by federal laws.
16. Documentation confirming the state or municipal significance of the object in the event that a land plot belonging to the forest fund lands occupied by protective forests is transferred to accommodate such an object.
17. A document confirming the organization of specially protected natural areas in the event that, in order to organize such a specially protected natural area, a land plot belonging to the forest fund lands occupied by protective forests is transferred.
18. A diagram of the object located on the land plot, drawn up taking into account the territorial planning documents of the relevant territories, approved in accordance with the requirements of the legislation on urban planning, and agreed with the architecture and urban planning authorities.

In Art. 7 of the Land Code of the Russian Federation defines categories of land in the Russian Federation, which include forest lands, which, according to Art. 101 of the Land Code of the Russian Federation includes forest lands and non-forest lands, the composition of which is established by forest legislation.

By virtue of Part 1 of Art. 8 of the Forest Code of the Russian Federation, forest areas within the forest fund lands are in federal ownership. The transfer of lands in federal ownership is carried out by the Government of the Russian Federation (Part 1 of Article 8 of the Land Code of the Russian Federation). Since the transfer of forest fund lands to lands of other categories entails a change in the legal regime of land use (operation, turnover, protection), the legislator has established certain features of the legal regulation of the procedure under consideration. In accordance with Part 1 of Art. 11 of the Federal Law of December 21, 2004 N 172-FZ “On the transfer of lands or land plots from one category to another” the transfer of forest fund lands occupied by protective forests, or land plots as part of such lands to lands of other categories is permitted in the case of: 1) organization of specially protected natural areas; 2) establishing or changing the boundaries of a populated area; 3) placement of objects of state or municipal importance in the absence of other options for the possible placement of these objects; 4) creation of tourist and recreational special economic zones. The mandatory transfer of a land plot from forest fund lands to lands of other categories is provided for in Part 13 of Art. 10 of the Federal Law of 01.05.2016 N 119-FZ “On the specifics of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District, and on amendments to certain legislative acts of the Russian Federation » in case of acquisition of ownership of the specified land plot. Order of the Ministry of Natural Resources of Russia dated December 25, 2018 N 684 (hereinafter referred to as the Order of the Ministry of Natural Resources) approved the content of the petition for the transfer of forest fund lands to another category and the composition of the documents attached to it. The petition shall indicate: - information about the applicant of the petition; — information about the land plot from the forest fund lands, the transfer of which is supposed to be carried out; information about the rights to the land plot, the transfer of which is supposed to be carried out; — information about the legal holder (right holders) of the land plot and the consent of the legal holder (right holders) of the land plot to transfer the land plot from forest fund lands to another category of land; — category of land to which it is proposed to transfer the land plot from the forest fund lands; — justification for transferring a land plot to another category of land. Clauses 2.1 – 2.17 of the Order of the Ministry of Natural Resources indicate the documents attached to the application: - documents about the applicant or his representative; — act of selecting a land plot in the form approved by Order of the Ministry of Natural Resources of Russia dated November 24, 2004 N 702; - decision of the executive authority of the constituent entity of the Russian Federation implementing the transfers in accordance with Part 1 of Art. 83 of the LC RF powers on approval of the act of selecting a land plot; — an act of full-scale technical inspection of a land plot, prepared in the Procedure established by Order of the Ministry of Natural Resources of Russia dated November 24, 2004 N 701 “On approval of the Procedure for the preparation and approval of an act of full-scale technical inspection of a forest area”; — an extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the property; - documents confirming the absence of mineral resources on the land plot requested for transfer in the subsoil under the site of the upcoming development, containing information about the location, cadastral number of such a site, and permission to develop a land plot located in areas where mineral resources occur, as well as placement in places where they occur underground structures in the case of the presence of minerals in the subsoil under the site of the upcoming development, containing information about the location, cadastral number of such a site, issued by the authorized federal executive body providing the relevant public service; - conclusion of a state environmental assessment if its implementation is provided for by federal laws, or documents confirming the compliance of activities related to the use of a land plot for the requested purposes with environmental requirements established by technical regulations and legislation in the field of environmental protection, in order to prevent negative impacts of such activities on the environment, as well as in cases provided for by federal laws, documents certifying compliance (non-compliance) with state sanitary and epidemiological rules and standards for environmental factors, economic and other activities, products, works and services, as well as draft regulations, operational documentation related to the use of the land plot for the requested purposes; — documents on the presence (absence) of cultural heritage objects on a land plot, containing information about the location of such a plot; — documents on approval of the construction and reconstruction of capital construction projects, the introduction of new technological processes and the implementation of other activities that have an impact on aquatic biological resources and their habitat; — documents on the presence (absence) of encumbrances on a land plot, containing information about the location of such a plot; - consent of the owner of the land plot to transfer the land plot to another category, except for the case if the owner of the land plot is the person with whom an agreement has been concluded to establish an easement in relation to such a land plot, containing information about the location of such a plot; — coordination of activities planned on the transferred land plot with the relevant executive authorities or copyright holders of objects located on such land plot, in cases provided for by federal laws; — documentation confirming the state or municipal significance of the object in the event that, to accommodate such an object, a transfer of land belonging to forest fund lands occupied by protective forests is carried out; — a document confirming the organization of specially protected natural areas, if in order to organize such a specially protected natural area, a transfer of a land plot related to forest fund lands occupied by protective forests is carried out; - a diagram of the object located on the land plot, drawn up taking into account the territorial planning documents of the relevant territories, approved in accordance with the requirements of the legislation on urban planning, and agreed with the architecture and urban planning authorities.

Regulation:

• Forest Code of the Russian Federation.
• Land Code of the Russian Federation.
• Town Planning Code of the Russian Federation.
• Federal Law of December 21, 2004 No. 172-FZ “On the transfer of lands or land plots from one category to another.”
• Order of the Ministry of Natural Resources of Russia dated December 25, 2018 No. 684 “On approval of the content of the petition for the transfer of forest fund lands to another category and the composition of the documents attached to it.”
• Order of the Ministry of Natural Resources of Russia dated November 24, 2004 No. 701 “On approval of the Procedure for preparing and approving an act of full-scale technical inspection of a forest fund site.”
• Order of the Ministry of Natural Resources of Russia dated November 24, 2004 No. 702 “On approval of the form of the act of selecting a forest fund site.”

Grounds for transferring forest fund lands to another category

Transfer of protective forest is possible only for a specific purpose, namely for:

• organization of natural areas under special protection;
• changing or establishing the boundaries of populated areas;
• placement of objects of state or municipal significance, if other placement options are not available;
• creation of tourist and recreational special economic zones.

ATTENTION : The purpose of transferring production and reserve forest is not limited. It should be taken into account that changing the boundaries of green zones and forested areas, which leads to a decrease in their area, is not allowed.

Lawyer for the transfer of forest fund land in Yekaterinburg

Why is it beneficial to contact our lawyer for help?

The peculiarity of the transfer of forest fund lands is that these requests do not always lead to a positive outcome. In matters of transferring the category of a land plot, representatives of the Ministry of Economic Development and the Forestry Department are involved.

If areas occupied by protective forests are planned to be developed, there is a high probability of refusal to change the form of permitted use. That is why the help of our land lawyer is so necessary in the process of transferring forest fund lands to individual housing construction (or another category of land); often at the same time it is necessary to resolve disputes about the imposition of boundaries of land plots, which also cannot be resolved without the involvement of our professional.

When reviewing the documents available to the applicant, such a specialist will immediately make an accurate forecast as to whether a positive decision from the regulatory authorities can be expected. He knows the procedure for transferring forest fund lands to other categories, so together you will spend less effort on resolving formal issues. Cooperation with our experienced lawyer in land disputes will save time and money on the way to the desired result.