In Russia they are again talking about the need to regulate real estate activities
CrimeaPRESS reports:
In Russia, regulation of real estate activities may be introduced. The corresponding bill was prepared by the deputy chairman of the State Duma Committee on Construction and Housing and Communal Services Svetlana Razvorotneva, the Izvestia newspaper reports. Tsian.Zhurnal discussed the initiative with relevant experts.
As reported in the explanatory note to the document, today the country’s legislation does not define the requirements for entrepreneurs in the field of real estate transactions, as a result of which almost any legal entity or individual can engage in this business.
The total annual revenue of the real estate market in the Russian Federation today, according to estimates by the Russian Guild of Realtors, is more than 150 billion rubles. At the same time, the level of the gray zone of taxation in the secondary real estate market reaches 80%. The tax effect of whitewashing this market alone will amount to more than 10 billion rubles per yearsays the explanatory note.
The creator of the initiative proposes to spell out the legal framework for real estate activities, as well as the powers of the government and regions to regulate and control real estate transactions.
Vice-President of the Russian Guild of Realtors Irina Zyryanova, in a conversation with a correspondent of Tsian.Zhurnal, noted that all previous legislative initiatives in the field of regulation of this area were not successful, since they did not answer the question: “What is real estate activity in the light of other laws existing in Russia intermediary agreements and service agreements?
Such legal uncertainty did not make it possible to distinguish real estate activities from other types of activities related to real estate transactions. This situation was a legacy of the Soviet period of Russian history, when such a type of mediation as brokerage, which was present in Russia until 1917, was excluded as unnecessary.“, the expert said.
According to her, in modern European continental legislation such an institution exists and is actively used — it is provided either by civil codified acts, as in Germany, France and Switzerland, or by a separate law, as in Austria.
The legal and real estate community has long come to the conclusion that it is necessary to restore the brokerage agreement in the legislation of the Russian Federation, and now the necessary research base has been formed to consider in the State Duma the issue of formulating a separate named brokerage agreement by adding a separate chapter to the Civil Code or adopting a separate law, continued Irina Zyryanova.
The speaker is confident that a brokerage agreement is needed not only by realtors, but also by other actual intermediaries, such as recruiters, insurance brokers, and services that organize food delivery, for example.
They all experience similar problems when proving in court the right to remuneration and justifying its size. A clear formulation of the terms of the brokerage agreement, on the one hand, systematizes the rights and obligations of the parties to the agreement, and on the other hand, eliminates the possibility of unjustified refusal to pay remuneration through unmotivated refusal of the agreement when the transaction has already been organized,” summed up Irina Zyryanova.
Investment expert, head of the federal program “Family Capital” Evgeniy Tkachev believes that the issue of regulating the activities of agencies operating in the secondary real estate market has been brewing for a very long time.
Today there are no legal requirements for either education or professional specialization. Anyone on the street can work as a realtor. It seems to me that this is no longer the case in any other area. I fully support the introduction of working conditions under a contract between the agent and the client. This measure will remove unnecessary people from the market and organize healthy competitionsaid the specialist.
A separate question from Evgeny Tkachev was raised by the clause on confirmation of qualifications.
Which body will verify qualifications? Have standards and regulations for realtors already been developed? The author of the bill says that today any person who does not understand law can start a real estate business. But lawyers in our country understand this area. Let’s define what kind of activity a realtor does. If agency, then what does this have to do with jurisprudence? — asked the speaker.
source: CYANOGEN
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