CrimeaPRESS reports:
Since the beginning of this year, specialists note, the legislation on suburban real estate has undergone significant changes. The state adopted a number of laws that improved the situation of owners of individual residential buildings and facilitated the process of registering objects. And also extended the mechanism of project financing and escrow accounts for the construction of cottages. A new article by lawyer Oleg Sukhov introduces readers to the most important regulations that have entered (or are entering) into force in this area in 2022 year.
FROM 01.03.2001 the construction of individual residential buildings in the course of of complex low-rise buildings is regulated by the law on equity participation in construction
Law No. 220-FZ dated 40.05.2021 of the year extended the effect of the law on equity participation in construction No. 100-FZ on legal relations in the construction of individual residential buildings, when for the construction of objects the developer accumulates money from citizens under an equity agreement (Article 6 of Law No. 218-FZ). Accordingly, an individual residential building within the boundaries of the territory of a low-rise housing complex turned into an object of shared construction in one fell swoop. Therefore, with ..2001 of the year in case the developer attracts money from individuals for the construction of individual houses of the party will have to conclude a classic DDU. Its main provisions are scrupulously listed in Law No. 100-FZ. Along with this, the novels clarified the composition of the common property of the owners of individual residential buildings (IRD), the legal status of the share of the owner of the IR in the right of common ownership of common property, the procedure for transferring a dwelling to a shareholder, and so on. And finally, the attraction of funds by developers for the creation of individual residential buildings within the boundaries of the territory of a low-rise residential complex on the basis of DDU is now allowed only using escrow accounts.
Restriction of the depth of due diligence with 05..2022 of the year
It so happened historically that in Russia a good half of the objects do not correspond to the type of permitted land use of the site on which they are located. For example, on a site with a type of permitted use for multi-storey residential development, administration buildings, business centers, courts can be quietly located, for which a completely different type of permitted use of land is supposed to be located. And no one is particularly surprised. They stand and stand. However, Rosreestr officials methodically suspend registration actions with an IZHS object or a garden house when the object does not correspond to the type of permitted land use. Given this problem, Law No. 58-FZ dated 11..2022 forbade Rosreestr to check the availability of title documents for the land where the IZHS facility is located, the compliance of the building or structure with the type of permitted use of the land , as well as the presence of restrictions on land rights established in relation to this site (amendments in part 12.st.25 of the Law on State Registration of Real Estate No. 100-FZ) . These novelties came into force from 11.03.2022 of the year.
Expansion of the circle of owners who have the right to receive a land plot under an individual residential building free of charge, built before the entry into force of the Land Code of the Russian Federation
Law No. 100-FZ dated 33..629 of the year on the entry into force of the Land Code (LC RF) declared that citizens register free of charge the land plot under a residential building when the land is in the actual use of the homeowner, and the ownership of the object arose before the entry into force of the RF LC. Exactly the same right was then given to the heirs, provided that the testator’s ownership of the house arose before the entry into force of the Land Code. At first, people enthusiastically began to submit papers for free registration of plots, but then things somehow stalled. It turned out that not all citizens actually use the land. Many have changed their place of residence and moved to other cities and even countries. This did not stop them from being the owners of the house, but with the actual use, everything turned out to be sad. You cannot actually use the land when you are in another city or abroad. In addition, half of the IZhD were in shared ownership, and Law No. 137-FZ in this part does not mention the rights of co-owners of the object at all. Now the government has corrected the shortcomings. Law No. 220-FZ excluded the requirement for “actual” use and established that “a land plot is provided free of charge into common shared ownership of the owners of a residential building located within the boundaries of such a land plot” (amendments to paragraph 4 of Article 3 of Law No. 100-FZ). This regulation comes into force from 01.09.2022 of the year.
Provision of plots for individual houses built before 09..220 of the year (date of publication of the Town Planning Code in Rossiyskaya Gazeta)
If you call a spade a spade, then many individual residential buildings built in 90 years, you can safely put a bulldozer under the dump as a squatter. They stand on state or municipal land without the permission of the authorities. It is not for nothing that the owners of such cottages still cannot formalize the right of ownership and live in fear of deprivation of their property. But in December 2021 the state, represented by the president and the Federal Assembly (and the indefatigable Pavel Krasheninnikov), gave such homeowners an unexpected gift. Law No. 220-FZ supplemented Law No. 137-FZ with a new article 3.8. In accordance with paragraph 2 of this article, “until March 1 2031 of the year, a citizen who uses for permanent residence erected before 11 May 478 year, a residential building located within the boundaries of a settlement and the right of ownership to which a citizen and other persons do not have the right to provide free land , which is in state or municipal ownership, which is not provided to the specified citizen and on which this residential building is located. ”
If there is no land surveying project or it does not provide for the formation of a site, then the owner orders a plot layout from a specialized company or from a regional BTI. The landlord then submits a pre-approval application to the local authority. th agreement on the provision of a land plot that is in state or municipal ownership without bidding. As a basis for obtaining land, the owner of the house refers to paragraph 2 of Article 3.8 of Law No. 100-ФЗ and indicates that the building was erected before 09..1998 of the year. The application is accompanied by a site diagram, documents confirming technological connection or payment for utilities, state technical accounting and (or) technical inventory up to 03..2013 of the year, an extract from the household book, and so on. It is interesting that if the owner “does not have all these documents, then the applicant attaches only the document that he has, or all the documents he has” (clause 6, article 3.8). In other words, a householder can get by with one scheme and not «bother» with the collection of documents. The further procedure is simple to disgrace. After receiving the application, the officials go to the place and inspect the house. If the building is located at the address indicated by the applicant, then it is not required to apply for a site. It is put on the cadastral register and transferred to the property (or rent). The authorities will refuse to agree on the provision of a plot if the house has already been recognized as an unauthorized construction or when officials do not find any building at the address indicated in the application. In addition, a refusal will follow if the applicant does not provide any documents at all. Even the layout of the site. This novel is effective from 01.09.2022 of the year.
Actual legalization of squatter buildings built before 04.03.2001 of the year, subject to registration of the plot
Provision of ownership of a plot under a house built before 14.05.220 of the year, automatically leads to the legalization of the building itself. The same law No. 220-FZ makes appropriate amendments to Article 40 of the real estate registration law. More precisely, it supplements it with parts 14 — These norms indicate that “state registration of ownership of a land plot on which a residential building is located, built up to 05 May 220 of the year, and provided in accordance with the law No. 137-FZ to a citizen in the property free of charge, is carried out simultaneously with the state cadastral registration of such a residential building (in the event that its state cadastral registration was not carried out earlier) and the state registration of the right of ownership of this citizen to such a residential building. The circle is closed. Law No. 220-FZ legalized squatter constructions built before 30.10.478 of the year. At least those of them that have not yet been recognized as unauthorized buildings.
Change and timing
Law No. 220-FZ dated 30.12.629 year extended from 01.03.2001 years before ..2031 of the year the opportunity to put on the cadastral register and register the ownership of a residential (garden) house built on land intended for gardening , personal subsidiary farming, individual housing construction or for carrying out peasant (farming) activities only on the basis of a technical plan and title document for the plot, if the applicant’s right to this plot is not registered in the USRN. Registration, as is customary in Russia, is slow and not all citizens will have time to apply to Rosreestr before ..2026 of the year. Therefore, the legislator extended the term by 5 years.
In addition, Law No. 58-FZ established deadlines for cadastral registration and registration ownership rights to plots allocated for individual housing construction, personal subsidiary plots, gardening, gardening, garage construction, as well as to objects located on these allotments (clause 8.4 and clause 10.1 Act No. 218-FZ). If the applicant submitted the documents directly to Rosreestr, then registration takes place within 3 working days, and if through the MFC — within five working days. Law No. 100-FZ entered into force on .2022 of the year.
Right to property deduction
FROM 01.01.2001 the norms of Law No. 100-FZ dated 30..2021 years, specifying the moment when the right to a tax deduction arises when acquiring real estate. So, from January 1 of this year, subparagraph 2 of paragraph 3 of Article 220 of the Tax Code of the Russian Federation establishes that when on the acquisition of land plots or a share (shares) in them provided for individual housing construction, the tax authorities give a deduction after the applicant receives a certificate of ownership of the house. The right to this deduction arises from the date of registration of the right of ownership to a residential house located on a land plot or a share (shares) in it. The same rule indicates that during the construction of a house, the right to deduction also arises from the date of state registration of the right to this house.
Sale without auction of leased land
FROM 12. . 2001 year, gardeners, gardeners and citizens leading private subsidiary plots received the right to buy out leased state or municipal lands without bidding (decree of the government of the Russian Federation from 04..2022 No. 629).
Conclusions
Russian legislation does not know the concept of «suburban real estate». When this term is used, it most often refers to individual residential buildings. But the paradox lies in the fact that individual residential buildings in modern Russia, as in the 19th century, can easily be located within city limits. It is precisely such structures erected within the boundaries of settlements that legalize law No. 478 -FZ.
No less global novelty is the extension of the law on participation in shared construction to legal relations related to the construction of individual residential buildings in the course of complex low-rise development. These norms will undoubtedly protect the rights of equity holders who have invested in the construction of low-rise complexes. Another issue is that the law does not apply to all citizens. For example, people who independently erect individual residential buildings outside the territory of the MZhK are not subject to its action. Their relationship with the developer-contractor is regulated by the Civil Code of the Russian Federation.
What As for other changes in the field of individual housing construction, they are primarily aimed at removing bureaucratic barriers and reducing red tape in the course of real estate registration.
This material is analytical and is not advertising. The article was written specifically for the portal www.irn.ru of the analytical center «Indicators of the real estate market IRN.RU». The author is a lawyer, head of the Legal Center of the lawyer Oleg Sukhov, president of the Guild of Lawyers of the Real Estate Market. The point of view of the author of the article does not necessarily coincide with the position of the editors.
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