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Land in Russian Personal Bankruptcy: Exemptions, Mortgage and Sale

LAND · EXEMPTION · SALEA land plot is not preserved in Russian personal bankruptcy merely because it is the debtor’s only plot. Treatment depends on its connection to an exempt sole home, security and the 2026 protection for land granted free to a multi-child family as a social-support measure. A bare or investment plot is generally estate property.

Land under sole home

The plot follows the exempt-home treatment where that home stands on it.

3+

Social-support land

Since 3 April 2026, qualifying land granted free to a multi-child family is expressly protected.

Bare plot

Generally enters the estate for valuation and sale.

Mortgage

A mortgage may permit enforcement despite the general exemption.

Treatment by plot type

Plot typeGeneral treatmentEvidence
Land under the only suitable homeProtected with the home under Civil Procedure Code Article 446, subject to the mortgage exceptionTitle to land and home, actual residence, suitability, area and security
Free social-support plot for a multi-child familyExpressly protected since 3 April 2026, including the debtor’s share, subject to mortgagePublic-authority decision proving a free grant specifically as support for persons with three or more children
Bare development plotGenerally included in the estateLand category, permitted use, utilities, permits, value and encumbrances
SNT plot with a houseDepends on whether the registered house is the only suitable homeHouse status, residence, other homes and mortgage
Co-owned plotThe share enters the estate unless an exemption appliesShare, use agreement, co-owners and sale feasibility
Leased plotThe plot is not debtor-owned, but the lease right may have valueContract, term, assignment, public restrictions and arrears
The 2026 reform is broader than vehicles. Federal Law No. 67-FZ protects both a multi-child family’s only vehicle and qualifying social-support land. For land, Article 446 expressly retains the mortgage exception.

Proving the sole-home land exemption

Obtain register extracts

Check the home, plot, shares, restrictions and mortgage.

Prove sole-home status

Review every residential asset of the debtor and co-residing family.

Evidence suitability and residence

Registration helps, but the court assesses all factual and legal evidence.

Link house and land

Identify cadastral numbers, boundaries, area and the legal basis for land use.

Address excessiveness separately

Large area or value does not automatically remove immunity but may produce a proportionality dispute.

Disclose from the outset

An exemption protects disclosed property; concealment damages good faith.

Evidence for multi-child social land

1

Grant decision

A state or municipal decision must prove that the plot was provided free.

2

Support basis

The decision and regional rule should identify support for persons with three or more children.

3

Debtor’s title

Use a current land-register extract for the plot or debtor’s share.

4

Mortgage check

Article 446 contains an express security exception.

If the plot enters the estate

The financial manager establishes title and encumbrances, obtains valuation and proposes sale terms. Boundaries, permitted use, access, structures, leases, shares and litigation affect value and liquidity. Unregistered structures should be disclosed and classified rather than ignored.

Land and buildings are legally connected but each property right and applicable enforcement exemption must be established from the records. See the guide to asset realisation in personal bankruptcy.

Frequently asked questions

Is the debtor’s only land plot protected?

Not by that fact alone. Protection may follow a sole suitable home or the special multi-child social-support rule.

Can land under the sole home be sold separately?

Article 446 generally protects both the sole suitable home and its plot; security and complex title issues require separate analysis.

Is a multi-child family’s granted plot protected?

Since 3 April 2026, land or the debtor’s share granted free by a public authority specifically as support for persons with three or more children is protected, subject to mortgage.

What about bare land intended for a future home?

An intention to build usually does not make a bare plot land beneath an existing exempt home. It is generally assessed for sale.

Will leased land be sold?

The land belongs to the lessor, but the debtor’s lease right, assignability and contractual value may be assessed.

Primary legal sources

Related guides

Sole home · SNT house and plot · Asset realisation

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