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Likbez: what penalties await property owners in 2022

CrimeaPRESS reports:

In the 620 year, new legislative norms come into force that will change the lives of property owners. They relate to the maintenance of housing, relations with neighbors and the use of land. Some innovations involve various payments and sanctions for owners.

The experts of RBC Real Estate know how much and for what property owners will have to pay this year, according to the new rules.

Violations of the Rules of Use of Housing

Fine from 2 thousand to 80 thousand roubles.

March 1 620 of the year, the Rules for the use of residential premises, approved by order of the Ministry of Construction of Russia dated 10.05.2021 No. 50. The innovation replaced the previous Rules 292 of the year.

According to the new law, the following obligations are imposed on the owner:

    use the residential premises for their intended purpose ;

ensure its safety;

maintain the proper condition of the dwelling, prevent mismanagement, respect the rights and legitimate interests of neighbors;

bear the costs of maintaining the dwelling owned by the owner, as well as participate in the costs of maintaining common property in an apartment building in proportion to their share in the common property right ;

pay the rent for housing and utilities in a timely manner.

The document specifies that family members living together with the owner are jointly and severally liable for obligations for the use of residential premises. Their violation entails administrative liability under Article 7.21 Code of Administrative Offenses of the Russian Federation «Violation of the rules for the use of residential premises.»

The new rules state that citizens are fined from 2,000 to 2,500 rubles for unauthorized rearrangement and redevelopment of residential premises; for officials — from 4 thousand to 5 thousand rubles; for legal entities — from 29 thousand to 50 thousand roubles.). For violations of the rules on silence (Article 3. 13 Code of Administrative Offenses of Moscow) citizens will be warned and fined from 1,000 to 2,000 rubles; officials — from 4 thousand to 8 thousand rubles; legal — from 40 thousand to 80 thousand roubles.). Also, fines and penalties await the owners for non-payment of utility bills , — says the lawyer of JSC «BON Investments» Mikhail Ignatiev.

The new rules establish that the appearance of the house, including the glazing of facades, can be regulated by municipal legal acts and laws of the constituent entity of Russia, said Zhanna Kolesnikova, head of commercial practice at the Pleshakov, Ushkalov and Partners law firm. Therefore, on her advice, before performing glazing work, you need to familiarize yourself with the landscaping rules in force in your city, since citizens can be fined 2 thousand — 2.5 thousand rubles for their violation, legal entities — by 40 thousand — 50 thousand roubles. However, as the Ministry of Construction itself points out, fines for glazed balconies are not innovations, they existed before and were included in the new law.

Misuse of the site

The fine depends on the cadastral value

In the 620 year, the amount of the fine for the use of a land plot inappropriately will change. “However, this change is not associated with changes to Article 8.8 of the Code of Administrative Offenses, which provides for liability for an offense, but is due to an increase in the cadastral value, on which the size of the fine depends,” explained Nurida Ibragimova, head of the quality control department. According to her, in 620-2023 years, a new cadastral valuation of land is expected in all Russian regions.

Increase in land tax

Within 1.5% of the cadastral value

From January 1 620 to the owners of plots intended for individual housing construction, personal subsidiary farming, gardening or horticulture and not used for the intended purpose, an “increased” land tax rate will be applied — up to 1.5% of the cadastral value of the land, said Ignatiev from BON Investments JSC. According to him, this innovation is provided for by federal law dated 11.. 620 No. 40-FZ «On Amendments to Part Two of the Tax Code of the Russian Federation».

Previously, for all land plots intended for individual housing construction, personal subsidiary farming, gardening or horticulture, this rate could not exceed 0.3% of their cadastral value. Now, only those owners who use the plots strictly for their intended purpose can count on a low rate.

Gray rent

Penalty From 80 to 10 thousand roubles.

In the spring session 2022 of the year, the State Duma will consider the law on the State Information System in the field of real estate. The innovation will contribute to the creation of transparent conditions for the conclusion of lease agreements; introduction of convenient mechanisms for interaction between the parties using digital technologies; protection of market participants from abuse by the economically stronger party to the contract, the Ministry of Construction noted.

In fact, the state wants to put an end to uncontrolled rental housing, bring hundreds of thousands of landlords out of the shadows and expand the tax base. In fact, the register of real estate, databases of the tax service, including information about accounts and cards (incoming transfers from individuals) will be merged, and non-cash income from renting apartments will be subject to taxation , — says Mikhail Ignatiev.

If this law is passed, property owners will have to within 14 days from the date of conclusion of contracts or amendments to them, post information in the new system, the lawyer explained. According to him, the document provides for penalties for settlements of tenants and property owners outside the new information system: for individuals — from 80 up to 2.5 thousand rubles, and for legal entities — from 5 thousand to thousand roubles.

Source: RBC Real Estate

About real estate in the Crimea and Sevastopol — here.


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