How we protected the client from the acquisition of land plots in the airfield area
We conduct due diligence before making transactions to purchase land for construction as part of our business support for our client, who is engaged in the construction and sale of ready-made premium cottages.
The inspection includes, among other things, the encumbrances imposed on a specific land plot. During one of the checks, we came across the Peter I International Airport's (Voronezh Chertovitskoye) so-called airfield areas.
Based on the results of our check, it was clear that construction on the plots offered for sale to our client was impossible. However, we had some doubts due to the plots' location in an urban village. Such territories that are close to the city have their own infrastructure and appear to be teeming with cottage villages, country houses, and corresponding logistics.
However, the answer to the question of construction was unequivocal. It was impossible. The sites had airfield areas as encumbrances, where it is prohibited to build anything above a special mark that is according to the Baltic Heights system. In our case in the urban settlement of Ramon, near Voronezh, the plots themselves were already located above the mark, so construction became impossible.
We decided to investigate how it is possible for someone to finish building houses on plots and obtain construction permits, but this option is not available to our client. The answer was hidden in Order of the Russian Federation Ministry of Transport Federal Air Transport Agency (Rosaviatsia) No. 113-P from February 26, 2021. Anyone who acquired land before the adoption of this order and thus does not have the corresponding encumbrance in the form of the airfield area can still obtain a building permit and freely construct the desired buildings. However, citizens and legal entities who received ownership of land plots after February 26, 2021, with an existing encumbrance are actually deprived of the right to construct, even if the land plot has an appropriate permitted use.
It is necessary to explain the different types of airfield areas and the restrictions that they impose. There are only seven airfield areas. Only airport facilities and facilities related to their maintenance are permitted in areas 1 and 2. The height of objects being built in area 3 is limited, and each airport has its own parameters. Building objects that obstruct safe take-off and landing of airplanes is prohibited in zones 4 and 5. Construction of objects that attract bird flocks, such as solid waste landfills, is prohibited in zone 6. Construction is prohibited in area 7 due to unacceptable noise levels for individuals. In this case, the land plot can be in two or more areas at the same time.
What should I do if I want to build on such land purchased after February 26, 2021? According to the law, you can contact the executive authority that issued the relevant order and request that your site be excluded from this territory, as well as provide appropriate justification, and then challenge the order in court. However, judicial practice in this category of disputes is monotonous and does not work in favor of landowners. The protection of life and health might be the priority arguments.
The inspection enabled the client to avoid acquiring land plots on which it would be impossible to realize the purposes for which the purchase was intended, as well as to avoid similar risks in the future.