Every fifth complaint received by the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region this year is related to violations in the field of land and property relations. 

Most of the controversial issues arise with the local governments of the Moscow Region. This is what happened to the businessman from Dubna city district.

In May, the head of the enterprise appealed to the Commissioner with a complaint about the refusal of the city administration to provide a land plot for ownership without bidding.

The lease agreement for the land plot with the type of permitted use "vehicle maintenance" was concluded by the applicant based on the results of the auction in 2020. The entrepreneur, on the basis of a construction permit on this site, erected a building designed for the repair and maintenance of cars, put into operation and put on cadastral registration in 2024. After that, the businessman applied to the administration with an application for the provision of a land plot for ownership without bidding.

The municipal authorities, having considered the application, refused, which was motivated by the discrepancy between the purpose of the building and the type of permitted use of the land plot. Also, the administration referred to the negative conclusion of the Ministry of Property Relations of the Moscow Region. In response to the applicant's request, the Ministry clarified that due to the change in the classifier of types of permitted use of land plots from 05.04.2021, currently the code of the type of permitted use "vehicle maintenance" implies the placement of service garages, and not buildings for the repair and maintenance of cars.

"After analyzing the documents submitted by the applicant, it became obvious that this position is not based on the legislation of the Russian Federation for a number of reasons," commented Vladimir Golovnev. – Firstly, by virtue of the provisions of Article 39.20 of the Land Code of the Russian Federation, the owner of a building or structure located on it has the exclusive right to purchase a land plot."

"Secondly," the Business Ombudsman continued, "the lease agreement was concluded by the applicant based on the results of the auction and does not contain any indication of any code for the type of permitted use of the land plot. According to paragraph 8 of Article 448 of the Civil Code of the Russian Federation, the terms of the contract concluded based on the results of bidding in cases where its conclusion in accordance with the law is allowed only by bidding, cannot be changed, except in cases that did not take place in the circumstances under consideration."

The Commissioner decided on the need to hold a meeting of the working group of the Expert Council and resolve the issue in a pre-trial manner. In addition to the applicant, representatives of the administration, the Ministry and the Prosecutor's Office of the Moscow Region were involved in the participation.

Based on the results of consideration of the circumstances that gave rise to the applicant's appeal, the meeting participants concluded that when forming the auction documentation, the administration made an error in describing the type of permitted use of the land plot, which, in turn, led to an incorrect assessment of its cadastral value, as well as to an erroneous opinion about the discrepancy between the actual use of the permitted.

As a result, it was decided to instruct the administration to prepare a contract for the purchase and sale of a land plot, one of the conditions of which will be the applicant's obligation to change the type of permitted use after state registration of ownership.

Currently, the land purchase and sale agreement is in the stage of conclusion and payment.