Goskomregister of the Republic of Crimea: owners of apartments in MKD should not count on the «privatization» of land near high-rise buildings

CrimeaPRESS reports:

According to the current legislation, a land plot under an apartment building (MKD), formed and put on the cadastral register with the appropriate type of permitted use, is the common property of the owners of the premises in this house. When purchasing an apartment in a high-rise building, the owner of the residential premises automatically receives a share in the common ownership of the common property in the MKD, proportional to the size of the total area of ​​​​his premises. Moreover, you do not need to specifically register anything — a share in the right arises by virtue of a direct indication of the law. However, sooner or later, all apartment owners are faced with the question: is it possible to allocate a share of the total area for oneself, if each owner of an apartment or office in an MKD seems to be able to claim a part of the total territory?

Indeed, some citizens even enthusiastically draw the prospects for the «automatic» creation of personal objects under the windows of neighbors: gazebos for relaxation or barbecue areas. But this is nothing more than fantasy. The Housing Code of the Russian Federation is quite categorical and prohibits the division in kind of one’s share in the right of common ownership of common property in an apartment building. The alienation of a share in the right of common ownership of common property in an apartment building, as well as the commission of other actions that entail the transfer of this share separately from the right of ownership of the premises, is also prohibited. It should be clear to everyone: if the property is common, then the property belongs to all co-owners, and not to someone alone. Let me remind you that according to the Civil Code of the Russian Federation, the possession and use of property in shared ownership is carried out by agreement of all its participants, and if an agreement cannot be reached, then such an order is established by the court , — quotes the press service of the Deputy Chairman State Committee for State Registration and Cadastre of the Republic of Crimea Yulia Zhiganova.

source: press service of the State Committee for Register of the Republic of Crimea