To acquire ownership of a land plot leased by an entrepreneur from Serpukhov city district from the municipality, it turned out only on the third attempt. 

The local administration refused the businessman every time, referring to the fact that the tire service and other premises located on this territory do not correspond to the actual use of the land. The desperate businessman turned to the Business Ombudsman Vladimir Golovnev for protection of his rights and legitimate interests.

The Commissioner studied the applicant's arguments, from which it followed: in March 2022, a road service facility was put into operation on a land plot leased from the administration of the Serpukhov city district. In accordance with Part 1 of Article 39.20 of the Land Code of the Russian Federation, citizens and legal entities who own buildings and structures located on such land plots have the exclusive right to purchase land plots for ownership or lease.

Wishing to exercise this right, the businessman applied for the provision of municipal services for the provision of a land plot in ownership without bidding, but twice received a refusal from the administration with the words "the established type does not correspond to its actual use."

At the same time, the name of the type of permitted use of the land plot requested by the entrepreneur "for the placement of roadside service facilities" corresponded to the actual use of the object owned by the entrepreneur.

Since the reasons for the refusals contradicted the actual circumstances, the Commissioner saw signs of non-compliance of the administration's actions with the requirements of the Land Code of the Russian Federation. The applicant's question was considered at a joint reception of the Business Ombudsman and the Prosecutor of the Moscow Region.

According to the results of the audit conducted by the Prosecutor's Office of the Moscow Region, in connection with the violations revealed, expressed in unjustified refusals to provide municipal services, the Serpukhov City Prosecutor's Office submitted a submission to the Head of the Serpukhov City District of the Moscow Region on their elimination.

Currently, the violations have been eliminated, the purchase and sale agreement has been concluded and is under state registration.