Bill: data on persons using the apartment on an equal basis with the owner will be entered into the Unified State Register of Real Estate

CrimeaPRESS reports:

Information about family members of privatized and cooperative apartments will be recorded in the Unified State Register of Real Estate. Such a bill, developed by the Ministry of Construction of the Russian Federation, was approved by a government commission, it was found out News 20 November.

The prepared bill is aimed at implementing the legal positions of the Constitutional Court of Russia and strengthening the protection of home buyers. It is expected that the Unified State Register will include both information about former family members of the owner of a privatized apartment living in the apartment, if during privatization they had equal rights to use this premises, and information about the family members of the owner living in the cooperative apartment. Information can be entered based on an application from the owner,” Vladimir Gruzdev, Chairman of the Board of the Russian Lawyers Association, told Izvestia.

He emphasized that registration of the right to use an apartment will ensure transparency of information about the rights of all third parties in the event of alienation of the apartment. That is, the legal termination of property rights.

Currently, the regulation of the rights and obligations of citizens living together with the owner in residential premises belonging to him is carried out in accordance with the provisions of Art. 31 of the Housing Code. According to the norms, family members of the owner of a residential premises have the right to use this premises on an equal basis with its owner, unless otherwise established by agreement between him and his family members. Family members of the owner of a residential premises are obliged to use this residential premises for its intended purpose and ensure its safetysays Gruzdev.

At the same time, according to him, in accordance with Part 4 of Art. 31 of the Housing Code, in the event of termination of family relations with the owner of the residential premises, the right to use it for the former family member is not retained, unless otherwise established by agreement.

If a former family member has no grounds for acquiring or exercising the right to use another residential premises, and also if his property status and other noteworthy circumstances do not allow him to provide himself with another residential premises, the right to use may be retained by the former member of his family for a certain period of time. based on a court decisionnotes the expert.

In practice, Gruzdev pointed out, information that someone other than the seller has the right to use the apartment being sold is often not communicated to the buyer. Subsequently, it becomes an unpleasant surprise for him that there are tenants in the apartment whom he has no right to evict.

The bill establishes a legal mechanism to ensure maximum transparency of information about the rights of all third parties to such residential premisessays the chairman of the board of AUR.

source: News

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