Translation of land from one category to another
In accordance with subparagraphs 2 and 4 of paragraph 1, paragraph 3 of article 8 of the Land code, the transfer of land from one category to another is carried out in respect of the lands under the ownership of constituent entities of the Russian Federation, and agricultural lands in the municipal ownership of agricultural land in private ownership, bodies of Executive power
of constituent entities of the Russian Federation. The order of transfer of land from one category to another shall be established by Federal laws. Violation of the present Code, Federal laws of the order of transfer of land from one category to another is the basis of the invalidation of the acts on the attribution of lands to categories, their transfer from one category to another.
The composition and procedure of preparation of documents for transfer of lands or land sites within such lands from one category to another is established by article 2 of the Federal law from December 21, 2004 N 172-FZ "About transfer of lands or land plots from one category to another", in accordance with parts 1 and 3 which to transfer lands or land sites within such lands from one category in another the interested person serves a motion for transfer of land from one category to another or the petition for transfer of land plots from structure of lands of one category to another in the Executive body of state authority or local authority, authorized for consideration of the petition. In the petition for transfer of land plots from structure of lands of one category in another are specified: the cadastral number of the land plot; land category, which include land, land category, the translation of which is expected to be implemented; justification of the transfer of land from the lands of one category to another; law of the land.
The list of documents that should be attached to the petition for transfer of land plots from structure of lands of one category to another, set by part 4 of article 2 of this Federal law, according to which the petition must be accompanied, among other documents, the consent of the owner of land to transfer of land from the lands of one category to another.
The right of Executive bodies of state power or bodies of local self-government to apply for a transfer of the land plots within the lands of one category to another without the consent of holders of land plots provided for by law only in cases of transfer of land plots from structure of lands of one category to another to create especially protected natural territories without seizure of land from their holders or in connection with the establishment or change features of settlements (part 5 of article 2 of the Federal law from December 21, 2004 N 172-FZ).