Likbez: what laws on real estate and housing and communal services will work in July 2023

CrimeaPRESS reports:

In July 2023, a series of laws and other regulations will come into force that will change the lives of Russians. They relate to payment for housing and communal services, shared construction, the Far Eastern Hectare program, categories of land plots and the procedure for registering with notaries.

How the new laws will work — in the material of experts RBC Real Estate.

Payment for housing and communal services

On July 1, 2023, a government decree comes into force, according to which unified approaches to compensation of expenses for housing and communal services for federal beneficiaries — combat veterans, disabled people and victims of radiation or man-made disasters — will begin to operate in Russia.

Depending on the guarantees established by law, the amount of compensation is up to 50% of the cost of the communal apartment. By a new resolution, the Cabinet of Ministers unified the application form for calculating payments and approved the list of documents required to receive benefits. The term for making a decision on the provision of compensation will be no more than ten working days— says Dmitry Oshivalov, Senior Partner and Managing Director of the Moscow office of Vinder Law Office.

Share building

From July 1, some measures aimed at supporting both developers and participants in shared construction will cease to operate. According to Oshivalov, equity holders will be able to apply to developers with requirements arising from contracts for participation in shared construction:

• penalties for violation of the deadline for the transfer of the object;
• losses caused by improper performance of the contract;
• interest for the delay in the return of funds upon termination of the contract.

All debt payments on the accrued penalty, suspended until July 1, are resumed. Accordingly, after the specified date, the interest holder has the right to receive such frozen amounts.

Similarly, from July 1, in favor of the developer will begin to accrue:

• a penalty for violation by a participant in shared construction of the terms for making payments;
• losses caused by improper performance of the contract.

In addition, from July, participants in shared construction will no longer be able to take advantage of previously provided opportunities, for example, setting an individual deadline for transferring an apartment that differs from the deadlines for transferring other apartments in the same apartment building. The return to the normal mode of relations between the parties and the lifting of the moratorium on the accrual of forfeits, losses, and fines should have a positive impact on the housing construction market, as they will motivate participants in shared construction to fulfill their obligations on time— says the manager of the Moscow office of the Vinder Law Office.

Arctic and Far Eastern hectares

On July 1, 2023, a law comes into force, according to which people who have received a plot of land under the Far Eastern Hectare and Arctic Hectare programs for free use will be able to take ownership or lease it not in five years, but in four and a half years.

The authorized body is obliged to inform the program participant that the term of the contract for the gratuitous use of land ends six months before this moment and explain that he can apply for registration of the land in ownership or for rent. Applications for receiving a Far Eastern or Arctic hectare for free use can be submitted electronically. And the recipient needs to sign the contract within 60 days from the moment the contract is issued or sent to him.— Vasily Malinin, partner of the law firm Rustam Kurmaev and Partners, specified.

If the contract is not received by the authorized body within 90 days, it will be considered not concluded. If within 30 days the program participant does not agree with any of the proposed options for the location of the site, he can be refused, the lawyer added.

forest areas

From July 1, 2023, a law will come into force that establishes the procedure for excluding land plots from the state forest register, including on private initiative.

The exclusion requires:

• so that information about such a site is not contained in the USRN;
• the boundaries of the site must intersect the boundaries of other sites;
• The lease agreement for the forest area has expired.

In addition, from July 2023, forest plots are excluded from the state forest register if information from the USRN, title establishing or title documents classify such plots into other categories. For example, if a forest plot, according to the specified documents, belongs to the lands of settlements and is located on the border of a settlement, information about it is excluded from the state forest register, — says Vasily Malinin.

Notary’s appointment

From July 1, 2023, residents of 75 constituent entities of Russia will be able to sign up for a notary through the public services portal. The pilot launch of the service was carried out in March in the Altai Territory, Belgorod, Ivanovo, Kaluga and Rostov Regions, and the Khanty-Mansiysk Autonomous Okrug.

The service «Universal record to the notary» will allow you to choose a notary’s office. Also, with the help of the resource, it will be possible to find out what documents are needed for a notarial act, and send them for verification.Malinin says.

source: RBC Real Estate

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