Special Land Use Zone: A "Hidden" Danger for Your Land Plot

Sometimes in practice, when acquiring land plots, the following situation arises: upon purchase, the extract from the Unified State Register of Real Estate (USRRE) in the section "Restriction of rights and encumbrance of real estate object" states "not registered," but later, sometimes decades later, the owner discovers that certain restrictions apply to their plot after all, directly affecting the object's market attractiveness and the ability to freely use and dispose of it.

This article will discuss a legal phenomenon known as a zone with special conditions for territory use (hereinafter – "ZOUIIT"), the consequences of its establishment for land plot owners, and ways to protect their violated rights.

A ZOUIIT is a territory where a special regime for the protection and use of lands and land plots applies.

ZOUIITs are established for public purposes, including: to protect the life and health of citizens, ensure the safe operation of transport, communication, and energy facilities, national defense and state security facilities, environmental protection, and to ensure national defense and state security (para. 1, Art. 104 of the Land Code of the Russian Federation).

The list of ZOUIITs is exhaustive and established by the legislator in Art. 105 of the Land Code of the Russian Federation.

A natural question might arise: "How are ZOUIITs and the rights and legitimate interests of land plot owners interconnected?" The fact is that the establishment of a ZOUIIT entails negative consequences for land plot owners:

• impossibility of using the land plot in accordance with its established permitted use type (hereinafter – "PUT");
• prohibition of construction;
• recognition of erected real estate objects as unauthorized constructions and, consequently, the imposition of an obligation on the person who erected them, or at whose expense such erection was carried out, to demolish such unauthorized construction.

Due to the frequent occurrence of such situations in practice, legislation provides the following methods for protecting the rights and legitimate interests of land plot owners:

• Buyout of the land plot (para. 7, Art. 107 of the Land Code of the Russian Federation, Section IV of Resolution of the Government of the Russian Federation No. 59 dated 27.01.2022 (hereinafter – "Resolution No. 59"));
• Compensation for losses with preservation of rights to the land plot (Art. 57.1 of the Land Code of the Russian Federation, Section III of Resolution No. 59).

Next, we will briefly examine each of the methods mentioned above.

Recourse to this method of rights protection is possible only if the establishment or change of a ZOUIIT leads to the impossibility of using the land plot and/or the real estate object located on it entirely in accordance with their PUT (para. 7, Art. 107 of the Land Code of the Russian Federation).

The buyout of a land plot can be carried out by concluding a corresponding agreement through out-of-court or judicial procedure.

The procedure for concluding a land plot buyout agreement, its parties, content, and essential terms are determined by Resolution No. 59.

When choosing this method of rights protection, it is important for the owner to consider that, as a general rule, the establishment of a ZOUIIT in itself does not entail the impossibility of using the land plot.

The conclusion of a land plot buyout agreement is preceded by the owner's submission of a buyout demand, which must include the value of the property subject to buyout (para. 43 of Resolution No. 59).

The deadline for submitting a demand for a land plot buyout agreement: no more than 5 years from the date of establishment or change of the special land use zone (SLUZ), or from the date when such person became aware or should have become aware of the establishment or change of the SLUZ.

This method of protecting a land plot owner's rights appears more universal, as it removes the owner's obligation to prove that the use of the plot or the real estate objects located thereon is entirely impossible.

Damages are subject to full compensation, meaning the owner is entitled to claim payment for both actual damage and lost profits (subparagraph 1, paragraph 1, Article 57.1 of the Land Code of the Russian Federation).

What is taken into account when determining the amount of damages:

• decrease in the market value of the land plot (the difference between the market value of the land plot without considering rights restrictions and the market value of the same land plot with due regard to the relevant restrictions) (Ruling of the Second Cassation Court of General Jurisdiction dated 19.08.2025 in case No. 88-19949/2025, Resolution of the Arbitration Court of the North-Western District dated 14.03.2024 N F07-22516/2023 in case N A56-18510/2022);
• other expenses;
• unrealized income.

To determine the amount of damages, it is necessary to consult an appraiser for a market valuation of the land plot. Important: this option is the most common in practice, but not the only one, as the amount of damages can also be determined based on agreements or accounting records.

The procedure for concluding a damages compensation agreement, its parties, content, and essential terms are determined by Resolution No. 59.

In addition to the fact that a land plot owner or potential buyer may not learn about SLUZ from an extract from the USRRE, they may also encounter difficulties when searching for relevant information in other sources.

Nevertheless, to exercise due diligence and care, and to minimize risks, it is recommended to:

• review the extract from the USRRE and analyze the section "restrictions and encumbrances on rights";
• examine the urban development plan (UDP) (if available);
• examine the Master Plan and the Land Use and Development Rules of the municipality (city of federal significance) where the land plot is located;
• examine the land use and development rules of municipalities (cities of federal significance), which include, among other things, a map of SLUZ;
• physically inspect the area, paying attention to any existing warning signs / placards (if any);
• send inquiries to authorized bodies regarding the plot's inclusion in an SLUZ (for example, to the Ministry of Natural Resources of Russia and its territorial bodies concerning specially protected natural areas and their buffer zones).

Acquiring a land plot often comes with "hidden" restrictions, for example, due to the presence of a Special Land Use Zone (SLUZ) on the plot, which may not be recorded in the Unified State Register of Real Estate (USRRE) extract. The presence of a SLUZ can significantly restrict the owner's rights, making it impossible to use the plot in accordance with its permitted use, prohibiting construction, and even leading to the demolition of already erected structures. In such cases, considering the actual circumstances, the owner has the right to demand either the purchase of the land plot or compensation for damages while retaining their rights to the plot.

If you later discover the presence of a Special Land Use Zone (SLUZ) on your land plot, or if you need to analyze existing documents and information (USRRE extracts, urban planning documentation, etc.) for associated legal risks, the C Cases team is ready to provide comprehensive legal support.

Sources

• Land Code of the Russian Federation dated 25.10.2001 No. 136-FZ;
• Resolution of the Government of the Russian Federation dated 27.01.2022 No. 59;
• Ruling of the Second Cassation Court of General Jurisdiction dated 19.08.2025 in case No. 88-19949/2025;
• Resolution of the Arbitration Court of the North-Western District dated 14.03.2024 No. F07-22516/2023 in case No. A56-18510/2022.