In Russia, forests belong to the state, and anyone can use them – any legal entities or individuals. To do this, citizens and organizations are allowed to lease a forest plot, that is, enter into an agreement with the state that defines all the conditions for using a specific forest plot – terms, purposes, rights and obligations. By order of the Ministry of Natural Resources of Russia dated July 30, 2020 No. 542, a standard agreement for leasing forest plots was approved.
What lands belong to the forest fund?
All land plots that meet the following two conditions belong to the lands of the forest fund:
- They are located within the boundaries of the forestry
- They are NOT located on the lands of settlements, as well as defense and security
The boundaries of forestries are approved by the relevant order of the Federal Forestry Agency. You can read the orders on their official website in the “Documents” section. You can request cartographic information about the boundaries of forestries in the form of maps and diagrams from the departmental spatial data fund by leaving a request on the website.
Features of using a forest plot
If someone wants to lease a forest plot, they must take into account that they will be subject to certain obligations and restrictions:
- Strictly comply with the forest development project (FDP) and forestry regulations
- Protect the plot from fires, pollution and any negative impacts
- Conduct forest restoration and afforestation activities
- Submit forest declarations every year
- Submit reports on the use of the forest plot every year
Compliance with these rules allows you to preserve the forest resource. If the user violates these rules, he is included in the register of unscrupulous tenants, and in the next two years he will not be able to receive any forest plot. The current lease agreement will be terminated early.
What can you lease a forest plot for?
Forest plots are leased for specific purposes that are directly related to the types of use, their list is fixed in Article 25 of the LC. Thus, land belonging to the forest fund can be leased for:
- Creation of recreational areas: camping or children’s camps, recreation areas, sanatoriums/preventoriums, ski resorts and others
- Creation and operation of timber processing infrastructure
- Growing, harvesting and/or collecting various forest resources (medicinal plants, berries, fruits, resin, brushwood, birch bark, moss, etc.)
- Timber harvesting
- Agricultural work
- Creation and use of hunting grounds, nurseries, forest plantations
- Organization of fishing (except for recreational fishing)
- Development of mineral deposits and their extraction, geological exploration of the subsoil
- Implementation of educational and research projects
- Placement/use/construction/reconstruction of utility networks, power lines, pipelines, railway lines, highways and other linear facilities
- Construction and operation ports, artificial reservoirs, berths, terminals, hydraulic structures
- Religious activities
A forest plot can be used for one purpose only, or for several at once.
How to conclude a lease agreement?
A forest plot can be leased only if information about it is entered into the Unified State Register of Real Estate, that is, it is registered with the cadastral register. An exception is if the plot is leased for a period of less than 12 months.
To lease land belonging to the forest fund, you must submit an application to the state body that oversees forestry in the subject.
You can lease a plot in two ways:
- Through participation in an auction (the most common)
- Without participation in an auction (regulated by Part 3 of Art. 73.1 and Part 1 of Art. 74 of the Forest Code)
Rent with participation in an auction
Auctions are organized by the state body that oversees forestry in the region, most often this is the Ministry of Nature.
If an auction is announced, you need to submit an application for participation in accordance with the rules approved by the order of the Ministry of Natural Resources of Russia dated 29.06.2018 No. 302. Whoever wins the auction enters into a lease agreement.
If the auction is not announced, the future tenant has the right to initiate its organization. To do this, you need to select the site of interest in advance, submit an application to the competent authority for preliminary approval of the formation of a forest plot.
After the site has been preliminary approved by the government agency, it is necessary to develop design documentation (PDLU) and, if necessary, conduct land surveying of this site. Both services can be ordered by filling out the form at the end of the page.
The completed PDLU is sent to the government agency along with an application for holding an auction. After the auction is announced, anyone can take part in it. If the applicant wins the auction, he enters into a lease agreement.
Roslesinforg will help you choose the best forest plot and analyze its capabilities for a specific type of use. We can also develop design documentation and conduct land surveying.
Lease without an auction
Part 3 of Art. 73.1 of the LC describes cases when a forest plot can be leased without an auction. This happens when it is necessary to organize a hunting farm, develop mineral deposits, place or service water and linear objects, as well as to implement priority investment projects.
If the forest plot has been formed, then the entire procedure is limited to filing an application with the authority that you want to conclude a lease agreement without an auction.
If the plot has not been formed, then you need to submit to the authority an application for preliminary approval of the provision of a forest plot for lease without an auction. Along with the application, you need to submit a PDLU or a land survey project (if you are interested in plots for the placement of linear objects) and acts of in-kind technical inspection of forest plots. Based on the preliminary approval, it is necessary to conduct land surveying and enter information into the Unified State Register of Real Estate, and then submit to the competent authority an application for the provision of the plot for lease without an auction.
For what period can forest lands be leased?
The longest lease term is possible for forest areas used for timber harvesting – a minimum of 10 years, a maximum of 49 years. Land plots with other types of use can be leased for a shorter period, up to 1 year. If the term is less than 12 months, the lease agreement is not concluded.
Extension of lease terms
If the lessee has used the plot in good faith, he has the right to extend the lease term of the forest plot being used and conclude a new agreement without organizing an auction. To do this, 2-3 months before the current agreement expires, you must submit a corresponding application. But the following conditions must be met:
The lessee has not violated the terms of the current agreement
The forest plot being used has been demarcated and registered with the cadastral register
If the current lease agreement was concluded before cadastral registration of the forest plot became a mandatory condition, then it is necessary to survey the plot being used and enter the information into the Unified State Register of Real Estate in advance, before the current lease agreement expires.
Only Roslesinforg has the right to conduct land surveying of plots on forest fund lands (part 14 of article 70.1 of the Forest Code).
Procedure for receiving the service
Fill out the form on the page, where you indicate your interest in leasing a forest plot
If you already have a lease agreement, a decision on preliminary approval of an auction or provision of a forest plot, attach copies of the documents to the application
If you need any additional* services, please indicate this, so we can quickly prepare a more specific and interesting offer for you
After submitting the application, our employee will contact you to clarify all the details
At the next meeting, we will provide a commercial offer, after which we will conclude an agreement
Leasing a forest plot takes place in several stages, and we provide support to forest users at each of them:
- Selection of a suitable forest plot, preliminary analysis of the timber stock and preliminary calculation of the annual estimated felling area
- Conducting field inspections, preparing acts of field and technical inspection and material and monetary assessment of felling areas
- Development of the PDLU
- Surveying the plot and registering it with the cadastral register
- Development FLOOR for leased area
- Development of annual forest declaration
- Preparation of annual forest use report
Documents received as a result:
- Decision on preliminary approval of the provision of a land (forest) plot.
- Decision on approval of the design documentation of a forest plot.
- Extract from the Unified State Register of Real Estate containing information about the land (forest) plot.
- Lease agreement for a forest plot.
What laws regulate the lease of a forest plot:
- Forest Code of the Russian Federation.
- Federal Law of 04.12.2006 No. 201-FZ “On the Implementation of the Forest Code of the Russian Federation”.
- Land Code of the Russian Federation.
- Order of the Ministry of Natural Resources of Russia dated 20.12.2017 No. 693 “On Approval of Standard Forest Lease Agreements”.
- Resolution of the Government of the Russian Federation of 24.02.2009 No. 161 “On approval of the Regulation on the leasing of a forest plot, including one located in reserve forests, for survey work without an auction”.
- Order of the Ministry of Natural Resources of Russia of 12.12.2017 No. 661 “On approval of the Rules for the use of forests for the implementation of activities in the field of hunting and the List of cases of using forests for the implementation of activities in the field of hunting without the provision of forest plots”.
- Order of the Federal Forestry Agency of 27.12.2010 No. 515 “On approval of the Procedure for the use of forests for the performance of work on geological exploration of the subsoil, for the development of mineral deposits”.
- Order of the Federal Forestry Agency of 10.06.2011 No. 223 “On approval of the Rules for the use of forests for the construction, reconstruction, operation of linear facilities”.
- Order of the Government of the Russian Federation of 27.05.2013 No. 849-r “On approval of the List of objects not related to the creation of forest infrastructure for protective forests, commercial forests, and reserve forests.”
The specialists of the “Geoburo” company do not provide such a service, but can recommend 4 companies in Russia (Moscow, St. Petersburg, Tver and Kirov).
The article was prepared by one of the founders of the “Geoburo” company Andrey Kichaev on August 31, 2024.