“Fake” plots for houses issued Oryol authorities

The factory district court of Orel refused the administration of the Uritsky district of the Orel region to recover from arrears on rent for a land plot in the urban-type settlement of Naryshkino.

As follows from the materials of the case, in October 2020, a contract was concluded for a plot of 1,474 square meters for individual housing construction for a period of 20 years. The annual rent was 22,374.79 rubles. From January 1, 2024 to December 17, 2025, a debt of 44,749.60 rubles was formed, as well as penalties of 14,398.18 rubles. The administration filed claims and then went to court.

In the courtroom, the defendant explained that the land plot was provided for IZHS, but the administration of the urban settlement of Naryshkino refused to issue a permit for the construction of a residential building - the site is located in the sanitary protection zone of the Federal highway R-120 "Orel - Bryansk - Smolensk". It is impossible to use the allotment for its intended purpose. Similar refusals were received by tenants of several adjacent plots.

In the course of the proceedings, Themis officials found that the distance from the middle of the R-120 highway to the border of the site is only 28.93 meters, while the minimum normative size of the sanitary protection zone from transport infrastructure facilities is 50 meters. Within the boundaries of such a zone, housing is prohibited. By providing the land for rent, the municipality did not take these restrictions into account.

The court referred to the position of the Supreme Court of the Russian Federation: the risk of inability to use the leased property for its intended purpose lies with the lessor. If the impossibility has arisen for a reason for which the tenant is not responsible, he is not obliged to pay rent.

As a result, the claims of the administration of the Uritsky district were left without satisfaction. The decision can be appealed within a month.