How to rent a part of the river bank. One step away from the water. I want to lease a section of the Don River coastline or buy it from the state. Is this question for you? If not, to whom?

Areas adjacent to water bodies

Current legislation does not classify land plots adjacent to a water body as part of the water fund lands. Their provision is carried out according to general rules regulated by land legislation, however, the specifics established by water legislation should be taken into account.

In anticipation of considering this specificity, it should be noted that according to the terminology used in the Water Code of the Russian Federation, the coastline is understood as the boundary of a water body (and not a land plot). In relation to land plots adjacent to a water body, the legislation establishes certain regimes for their use (including those affecting the possibility of leasing such a plot of land or limiting the tenant in the exercise of certain powers).

Along the coastline of a public water body, a strip of land (shore strip) is allocated and intended for public use. Due to the designation of this land as a public facility, the provision of land plots within the coastal strip for ownership or permanent use by private individuals is not permitted. The width of the shoreline of public water bodies is twenty meters, with the exception of the shoreline of canals, as well as rivers and streams, which are no more than ten kilometers long (the shoreline of these water bodies is five meters).

In addition to the shoreline, water protection zones and coastal protective strips are also established along the shoreline of a water body. The width of water protection zones for fresh water bodies can range from 50 to 200 meters, for seas - up to 500 meters. The width of coastal protective strips is set from 30 to 50 meters, and for lakes and reservoirs of particularly valuable fishery importance - up to 200 meters.

Within the boundaries of water protection zones the following is prohibited:

Use of wastewater for soil fertilization;

Placement of cemeteries, cattle burial grounds, burial sites for production and consumption waste, radioactive, chemical, explosive, toxic, poisonous and noxious substances;

Implementation of aviation measures to combat pests and plant diseases;

Movement and parking of vehicles (except for special vehicles), with the exception of their movement on roads and parking on roads and in specially equipped places with hard surfaces.

For the purpose of leasing a land plot located within the boundaries of a water protection zone, it is of fundamental importance that within the boundaries of water protection zones the legislation allows for the design, placement, construction, reconstruction, commissioning, operation of economic and other facilities, provided that such facilities are equipped with structures that ensure protection of water bodies from pollution, clogging and depletion of water in accordance with water legislation and legislation in the field of environmental protection.

More stringent restrictions on the use of land plots are established for lands within the boundaries of coastal protective strips. Along with the above restrictions, the following are prohibited:

Plowing the land;

Placement of dumps of eroded soils;

Grazing farm animals and organizing summer camps and baths for them.

Of great practical importance is the fact that in addition to reflecting water protection zones and coastal protective strips in the relevant documents for the land plot,

the boundaries of water protection zones and the boundaries of coastal protective strips must be fixed on the ground with special information signs.

It should be taken into account that in relation to water bodies, the water resources of which are natural healing resources, zones and districts of sanitary protection can be established in accordance with the legislation on natural healing resources, medical and recreational areas and resorts. In this case, land plots included in the corresponding sanitary protection zones or districts will be subject to additional restrictions on their use.

Forest area

The current Forest Code of the Russian Federation allows for the possibility of providing forest plots that are state or municipal property for rent to both legal entities and citizens. At the same time, the legislation establishes a number of special requirements for the procedure for providing forest plots for lease and the terms of the lease, including taking into account the type of use of the forest plot.

Thus, only forest plots that have undergone state cadastral registration can be leased.

The maximum and minimum lease period for a forest plot is established by law - from 10 to 49 years. A special lease period (from 1 year to 49 years) is established for the following types of use of forest areas: a) use of forests to carry out work on geological exploration of subsoil, for the development of mineral deposits; b) the use of forests for the construction and operation of reservoirs, other artificial water bodies, as well as hydraulic structures, specialized ports; c) use of forests for construction, reconstruction, operation of power lines, communication lines, roads, pipelines and other linear facilities.

It should be taken into account that the tenant, who has properly fulfilled the lease agreement for the forest plot, upon expiration of its term, has a preferential right to conclude a lease agreement for a new term.

A fundamentally important point is that the right to conclude a lease agreement for a forest plot can be granted to a person only following the results of an auction for the sale of such a right. Exceptions to this rule are established only in relation to the above types of use of forest areas, as well as in relation to the use of a forest area for the implementation of priority investment projects in the field of forest development.

The organization of an auction for the sale of the right to lease a forest plot and the procedure for its conduct are regulated in detail by Chapter 8 of the Forest Code of the Russian Federation. The provisions of this chapter are in many ways similar to the provisions of the Land Code of the Russian Federation, regulating the holding of auctions for the sale of land plots or the right to lease land plots.

The sellers of the right to conclude a lease agreement for a forest plot are state authorities and local governments.

In addition to the specified features of concluding lease agreements for forest plots, it should be taken into account that the current forest legislation imposes on the tenant certain responsibilities related to the specifics of the subject of lease, namely the responsibilities for implementing fire safety measures, sanitary safety, and reforestation.

Thus, summing up what Andrey Lebedev said, we can draw the following conclusions:

. If you are promised to rent or own a part of the shore adjacent to the water, for example, the Istra Reservoir, do not rush to rejoice - 20 meters of the shoreline (from the water’s edge) is not allowed to be transferred to ownership or permanent use by private individuals.

. The owner or tenant of a water protection zone, the size of which varies depending on the type of reservoir, is limited by law in the use of coastal land. Construction in such zones is permitted, but again with conditions and reservations.

. You can rent a forest plot adjacent to your property, but under the terms of an auction for the sale of rental rights.

. For your own needs, you will not be able to rent a forest for a year or five - the minimum lease period for a forest plot (except for special periods) is 10 years, the maximum is 40.

We were so immersed in the discussion of fences blocking the coastal strip that we did not notice the revolution that had taken place in the legislation of the Russian Federation...
Meanwhile, on August 2, 2011, the Federal Law of July 19, 2011 No. 246-FZ “On artificial land plots created on water bodies in federal ownership and on amendments to certain legislative acts of the Russian Federation” came into force. . The main topic there is the creation of bulk areas.
But there are many other interesting norms.
Including those aimed at turning the coastline into a public area.
After all, how have you lived so far?

Part 6 of Article 6 of the Water Code of the Russian Federation establishes that a strip of land along the coastline of a public water body (coastline) is intended for public use. The width of the shoreline of public water bodies is 20 meters (with a number of features).
However, this is just a general rule. To which, of course, there are exceptions.
In particular, the Water Code of the Russian Federation has Chapter 3, which defines the procedure for providing water bodies for use on the basis of a water use agreement or a decision to provide a water body for use.
Those who build fences do so precisely on the basis of such agreements or decisions to provide them with a water body for use.
Of course, in the legislation of the Russian Federation there were norms obliging such users to provide everyone with free access to the water body. But they were very indistinct.
And most importantly, there were no real sanctions for restricting access.

So more and more tenants appeared on the shore. After all, what a temptation for a government agency to lease a piece of the coastline to someone.
There is no need to clean up this part of the coastline, keep order there. You can also collect rent. Beauty. And for citizens, a couple of municipal beaches can be preserved, so that they don’t once again enter the fenced and protected area...

Now everything is different.
For example, article 22 Land Code of the Russian Federation clause 3.2 has been supplemented with the following content:
"3.2. A lease agreement for a land plot that is in state or municipal ownership and located within the shoreline of a public water body is concluded with the user of the water body, provided that citizens have free access to the public water body and its shoreline.”
That is, now, when concluding a lease agreement for a water body, the tenant must sign an obligation to ensure free access for everyone to this water body and its shoreline.
A tenant's violation of this contractual obligation will result in the tenant's lease being simply terminated.

Changes have also been made to Town Planning Code of the Russian Federation .
Clause 12 of Article 1 of the Civil Code of the Russian Federation, which defines the concept of “territories for public use”, is stated in the following wording: “Territories for public use are territories that are freely used by an unlimited circle of people (including squares, streets, driveways, embankments, shorelines of public water bodies , squares, boulevards);"
It would seem that only a few words were added about the coastal strips. In fact, they brought clarity. Now, finally, discussions on the topic of whether the shorelines of public water bodies are public territory will cease. That's it, they definitely are. And there is nothing more to argue about.

Part 11 of Article 35 of the Civil Code of the Russian Federation was supplemented with the words “coastlines of public water bodies”, which will simplify their inclusion in recreational zones used and intended for recreation, tourism, physical education and sports.

And another significant change was made to the Civil Code of the Russian Federation, adding requirements for documentation on territory planning.
In particular, now the main part of the territory planning project must include a drawing or drawings of the territory planning, on which, in addition to the traditional lines indicating roads, streets, passages, communication lines, engineering and transport infrastructure facilities, passages to public water bodies and their shorelines must be reflected .
It is clear that drawing in the DPT a convenient passage for everyone through the area you rented to the water body and its shoreline is half the battle.
But we still need to ensure its real existence on the ground.

This will now be the responsibility of local governments - for this purpose they have been burdened with additional responsibilities in order to ensure free access of citizens to water bodies. In Federal Law of October 6, 2003 N 131-FZ “On the general principles of organizing local self-government in the Russian Federation” made changes, as a result of which the responsibilities of local governments now include:
- creating conditions for mass recreation for residents of the settlement and organizing the arrangement of places for mass recreation of the population, including ensuring free access of citizens to public water bodies and their shorelines (clause 15 of part 1 of article 14);
- establishing rules for the use of public water bodies, including ensuring free access of citizens to public water bodies and their shorelines (clause 28 of part 1 of article 15);
- informing the population about restrictions on the use of such water bodies, including ensuring free access of citizens to public water bodies and their shorelines (clause 36 of part 1 of article 16).

The main thing now is that the Sochi administration ensures that citizens have free access to the sea and the coastline properly :).
Well, we must not forget that the coastal strip is a public area open to free access.

Dear Vyacheslav!

According to paragraph 8 of Art. 27 of the Land Code of the Russian Federation dated October 25, 2001 N 136-FZ (as amended on April 5, 2013):

Privatization of land plots within the coastal strip is prohibited established in accordance with the Civil Code of the Russian Federation, as well as land plots on which there are ponds, watered quarries, within the boundaries of public areas.

Moreover, in accordance with clause 6. Art. 6 of the Water Code of the Russian Federation dated June 3, 2006 N 74-FZ
(ed. dated 05/07/2013):

A strip of land along the coastline of a public water body (shoreline) is intended for public use. The width of the shoreline of public water bodies is twenty meters, with the exception of the shoreline of canals, as well as rivers and streams, the length of which from source to mouth is no more than ten kilometers. The width of the shoreline of canals, as well as rivers and streams, the length of which from source to mouth is no more than ten kilometers, is five meters.

Only if the land plot is not located within the boundaries of public lands, and also does not cross the red lines - lines that indicate the existing boundaries of public areas, then there are no grounds for refusing to privatize the land plot in this part. Information about the public areas of a municipality can be obtained from the relevant local government body exercising powers to plan the territory of the municipality.

By virtue of Art. 65 of the Water Protection Code of the Russian Federation, water protection zones are territories that are adjacent to the coastline of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime is established for economic and other activities in order to prevent pollution, clogging, siltation of these water bodies and depletion of their waters , as well as preserving the habitat of aquatic biological resources and other objects of flora and fauna. Coastal protective strips are established within the boundaries of water protection zones, in the territories of which additional restrictions on economic and other activities are introduced.

Consequently, from the provisions of the CC of the Russian Federation, the Land Code of the Russian Federation and clause 2 of Art. 261 of the Civil Code of the Russian Federation it follows that the right of private property can arise only in a pond or a flooded quarry, and then only if there is private ownership or acquisition of private ownership of the land plot within the boundaries of which the pond or flooded quarry is located, with a large number of examples from Judicial practice shows that riverbed ponds cannot be classified as ponds, since they are part of other water bodies that are in federal ownership. Accordingly, the river banks clearly cannot be private property.
The Plenum of the Supreme Arbitration Court of the Russian Federation in paragraph 4 of Resolution No. 11 of March 24, 2005 “On some issues related to the application of land legislation” gave an interpretation of Art. 36 of the Land Code of the Russian Federation as establishing the obligation to conclude a contract for the purchase and sale of a land plot with the owner of real estate located on this site, noting, in particular, that a legal basis for refusing to sell a land plot may be the fact that the land plot is limited in circulation. This position is confirmed by judicial practice.

Probably your neighbors are not the owners of these land plots, due to a direct prohibition. The rules of the law are given above. You can take the advice of Ivan Bogomolov - check the land plots online, or you can contact the relevant authorities (land committee) for clarification.

How to arrange a rental of a river in a populated area has probably been a question that has been asked more than once by the owners of houses on the banks of the river, entrepreneurs who organize boat rentals, and recreation centers located on the banks of the reservoir and offering a variety of recreation using swimming equipment.

What do you need to rent a river?

Is it possible to rent a section of the river? It is possible to rent a river, and, in the language of the law, to formalize the water use of the river, but it is quite difficult if you do not have practical experience in going through various authorities. Renting a section of the river will take you about 4 months, provided that the documents are prepared correctly. First, you will need to find out whether the river is included in the state water register. To find out this information, you need to contact the basin authority of your region. If the water body is not in the register, then renting the river is unlikely to be possible legally.

If the basin authority confirms the presence of the river in the register, then you can begin to prepare a package of documents for registration. The first part of such documents is to prepare a cadastral plan of the water area. Such a plan is prepared by a land specialist - a cadastral engineer. The plan must necessarily reflect the coordinates of the turning points of the boundaries of the river section.

The next document that needs to be prepared will be a water protection plan, in which you must provide for all actions to maintain the exploited section of the river in proper environmental condition for the entire period of water use. The plan must be approved by the head of the enterprise. Next, you need to prepare a diagram showing the parameters of water use; if this is a pier near a private house, then it is enough to graphically display the place where your boat will be parked. An explanatory note must be prepared for the plan with a detailed description of how the water body will be used. Well, at the final stage, it is necessary to prepare and approve in the basin management a program of regular observations of the water body, which will reflect how and who will monitor the ecological state of the water body.

This entire set of documents is submitted to the government body authorized to manage water bodies, after which an auction is scheduled for the right to use the river. After winning the auction, you become a full user of the requested section of the river, based on the concluded water use agreement.

How much does it cost to rent a river?

Renting a river with all water protection measures will cost about 150,000 rubles per year, and preparation of documents will cost approximately the same amount if you contact a lawyer in the field of water use. It is worth noting that the rent itself is a very small part of the cost of mandatory environmental measures.

River bank rental

In order to rent a section of the river bank, you need to contact local authorities. The riverbank cannot be transferred to private ownership. Due to the requirements of Article 27 of the Land Code of the Russian Federation, a 20-meter strip of land along the river bank (public coastal strip) is not subject to privatization. Accordingly, only a lease can be issued for it. Before contacting the administration, you must call a cadastral engineer who will take the necessary measurements and draw up a diagram of the location of the land plot on the cadastral plan of the territory. This scheme must be approved by the district land department, after which the municipal property management committee will hold an auction, and you, as the auction winner, will be able to lease the land plot.

Water bodies have a special status in our country; the law prescribes a special procedure for their circulation, protection and use. Federal legislation delineates ownership of them between federal and municipal authorities, stipulating that in fact water resources are in common use.

Thus, rivers and lakes cannot be in private hands. At the same time, they can be provided for use for certain purposes. It turns out that it is theoretically possible to lease a lake; you just need to find out the procedure and features of the procedure for its approval.

How to rent a part of the lake

First of all, when starting to study the issue of leasing a water resource, you need to understand for yourself the difference between a water plot and a land plot. The territory covered by water does not belong to land resources, and therefore is not subject to allocation in the general manner. The land around the water area is a coastal zone and belongs to a water body; to organize a public recreation area near the lake, you will have to rent the lake and the adjacent land.

Before filling out the documents, find out whether the selected water area is included in the register of water resources. Only such an object can be rented; if registration is not completed in the prescribed manner, it is better to look for another suitable place to implement your plans.

If the lake is still on the registry, contact the owner of the property for advice and clarify for what purposes the property is available for rent, after which you can begin collecting documents.

Where to go to rent a lake

The owner of the water area may be a municipality or the Russian Federation; to clarify who is responsible for the object, contact Rosreestr to obtain an extract from the Unified State Register of Real Estate. If Russia is indicated as the owner in the extract, you need to contact the Federal Water Resources Agency. In the case where the owner is a municipality, you will have to contact the administration for clarification of the provision procedure.

You can also find out about the owner of the water body by contacting the local administration with a written request.

Lakeside rental

The idea of renting a pond seems attractive to many, but very few people implement it. After all, the procedure is long and laborious, but in the end, if you have a clear plan, the result is worth the effort. You cannot simply rent a lake and build a home next to it. The law defines the purposes for which it is permitted to lease a water body:

maintaining personal subsidiary farming and watering dacha land plots, vegetable gardens, orchards, as well as watering places, carrying out work on caring for farm animals;
organized recreation for children and elderly citizens, disabled people;
fishing and fish farming, hunting;
shipping and navigation of small vessels;
placement and construction of hydraulic structures (including reclamation systems), bridges, underwater and underground passages, as well as pipelines, underwater communication lines, other linear objects, underwater communications;
intake (withdrawal) of water resources by ships in order to ensure the operation of ship mechanisms, devices and technical means.

The goals in the list can be characterized as socially beneficial, not intended to satisfy individual needs. This is fully consistent with the classification of water resources as public objects.

If you decide to rent a lake, you can use several options:

rent land next to a lake, without a water body - in fact, we are talking about renting land, which is carried out without the nuances of water legislation;
be patient and rent a lake - go through all the steps from start to finish;
to create an artificial water body - first you will have to purchase free land suitable for these purposes.

Rent land near the lake

The first path is suitable as an alternative solution if you are planning to organize a vacation in the coastal area. You can place all the necessary objects and buildings on the ground, and you won’t have to worry about preparing to rent the water area. The downside of this solution is possible competition. If you only received land for use, there is no way to fence off the water body. There is a possibility that as soon as you attract regular vacationers to the water area, an enterprising competitor will rent a piece of land next to you and take away some of the money. But you can come to an agreement with a competitor and even share competencies for common benefit. The situation is completely different if your goal is to organize paid fishing. To do this, you will have to rent the entire lake, otherwise you risk ending your business as soon as all the local fishing enthusiasts find out that the lake can be accessed not only from the shore you rented. To implement this rental method, you need to contact the administration, which is the owner of the land in this territory.

Water body rental

Renting a water body begins with preparing a cadastral plan; for this, contact a cadastral engineer.
Once you have the technical document, it’s time to take care of the water protection plan. As soon as you become a tenant, supervisory authorities will definitely ask whether you are worsening the environmental situation at the site, and this plan is designed to protect you from fines and termination of the contract. The owner of the lake will be able to explain how to draw up the document correctly; perhaps he will even present you with his own plan.
The next step is preparing a water use diagram - it needs to show the placement of objects, buildings, boats. To avoid questions, write a detailed explanatory note about the purposes of water use.
At the last stage, a program of regular observations of the water body is drawn up, it specifies who and how will monitor the ecological state of the water area.
As soon as all the documents listed above are in your hands, you need to submit them to the authorities. He will schedule an auction, don’t be afraid. As a rule, there are no participants present for bidding and they are held formally to comply with the procedure.
After you win the auction, you need to sign a lease agreement and register the transfer of rights.

To create an artificial water body, you also need to obtain a number of permits. This procedure is much simpler than leasing a wild lake, since there is no need to comply with environmental legislation applicable to lakes and rivers. Depending on the intended area of the reservoir, a building permit may not be required. The water area is organized on a land plot, which can be obtained in the general manner. The main advantage of this approach is that the reservoir can be owned by a private person. The main disadvantage of construction is that it will require multi-million dollar investments.

Lake lease agreement

The lake lease agreement is developed individually for each case. As a rule, the water area is registered for use for doing business, which means there is a business plan, investment plans, all this is stated in the contract. When agreeing on the terms of the lease, keep in mind that failure to comply with them may lead to early termination and you will lose your invested money. Therefore, carefully and scrupulously delve into each clause of the agreement.

Clearly state the purpose of the lease; it is best to state all types of activities that the tenant is allowed to carry out.
The lease term can be 20 years, but early termination is possible at any time. Pay special attention to this point. You should not agree to the possibility of unilateral termination; if the owner insists on it, there is reason to be wary.
As a water user, you will have a large number of responsibilities; calculate in advance how much they will cost you. It may be better to specify the procedure for their implementation in an additional agreement.

Lake rental cost

The cost of renting a water feature depends on several factors:

location;
reservoir class;
infrastructure;
degree of stocking.

These parameters make up the rate charged by the authority to the tenant per hectare. Payment terms are fixed in the contract. On average in Russia, the figure varies from 200 to 1000 rubles per hectare.

It costs much more to maintain a water body and maintain the environmental situation. The tenant will have to conclude several contract agreements for the provision of services related to the improvement of the water area; the amounts of such agreements, as a rule, reach several hundred thousand rubles.

As practice shows, with the support of an experienced lawyer, obtaining a lake lease will not be difficult. Of course, the procedure will take you at least six months, but in the end you will have the opportunity to bring any project to life. The main thing is to ensure that environmental legislation is observed when carrying out activities, otherwise there is a risk of losing the object along with the investment. If the contract is terminated due to the fault of the tenant, the court will not reimburse the improvements and costs made.