Amendment to the Code of Land of the Republic of Azerbaijan: New Regulations on Agricultural Lands

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By Nihad AliyevPosted on 31.07.2024

The Republic of Azerbaijan has implemented significant amendments to its Code of Land, which have been published in the official newspaper today. The new regulations, now in effect, introduce comprehensive guidelines concerning the construction and installation of buildings on agricultural lands. These changes are aimed at balancing agricultural productivity with necessary infrastructural development. Below, we outline the key aspects of the newly added Article 13-1 to the Code of Land.

Article 13-1: Buildings on Agricultural Lands

  1. Permitted Construction on Agricultural Lands:
    • Agricultural plots (summer and winter pastures, common grazing areas) of at least 5 hectares can now accommodate construction.
    • Up to 1% of these lands can be used for residential capital buildings intended for the production and processing of agricultural products and temporary living quarters for employees.
    • Construction must comply with the Urban Planning and Construction Code, based on applications from the landowner or lessee with written consent.
    • No change in the land category or purpose is required for these constructions.
  2. Exemptions for Greenhouses and Irrigation Infrastructures:
    • The minimum land area and maximum construction coefficient restrictions do not apply to greenhouses and irrigation infrastructures.
  3. Registration of Rights:
    • Rights over buildings for agricultural production and processing, residential buildings for temporary worker accommodation, and other relevant infrastructures must be registered in the state register of property according to the Law on the State Register of Real Estate.
  4. Transfer of Land Without Substantial Construction:
    • Once the construction coefficient is fully used, transferring the remaining plot to another person disallows further construction on that part.
    • This rule also applies if the land is divided or merged with another plot.
  5. Partial Use of Construction Coefficient:
    • If only part of the construction coefficient is used and the land is transferred, the permissible construction limit is recalculated as per the regulations set by the relevant executive authority.
  6. Duration of Construction Restrictions:
    • The limitations on construction are effective only during the existence of the primary building.
  7. Project Boundaries:
    • Construction projects on agricultural lands must separately indicate the required part of the land area, considering the percentage ratio for construction.
  8. State Register of Real Estate:
    • Information about the involvement of agricultural land in construction is recorded in the state register of real estate by the permitting body.
  9. Usage of Construction Objects:
    • Construction objects must not be used for purposes other than those intended unless the land category is changed. Exceptions include uses for agricultural production and processing.

These amendments are expected to streamline the development process on agricultural lands, ensuring that essential agricultural activities coexist with necessary infrastructural advancements. The regulatory framework aims to protect agricultural lands while facilitating economic growth through well-regulated construction activities.

For more detailed information and guidance on how these changes may affect your agricultural land, please contact HGNS Counselor Law Firm.

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