The Constitutional Court of the Russian Federation simplified the procedures for allocating a share in the form of a parking space and registering ownership of it
The Constitutional Court of the Russian Federation protected the rights of those who want to allocate a parking space in kind, which they registered as a share in the common ownership of a garage, parking lot, parking lot, etc. From April 20, 2023, the courts must refuse to exercise the pre-emptive right to purchase this share if the parking space is actually intended for individual use and belongs to a specific person.
Also, the courts are obliged to agree with the owner of the share to allocate it in kind, put the parking space on the cadastral register and register the right of individual ownership of this property. Conditions:
- the preservation of a share prevents its owner from using the rights to a personal parking space;
- satisfaction of the application does not harm other persons. At the same time, a decrease in the area of the common premises in proportion to the allocated share does not violate the rights of the co-owners.
The provisions of the Constitutional Court of the Russian Federation are valid until the legislative changes come into force. They must guarantee a real opportunity, among other things, to allocate a share in kind when there is no agreement between the co-owners or a decision of their general meeting on the procedure for using the garage, parking, etc. Now it is often physically impossible to get all the consents or to issue such a decision.
The Constitutional Court of the Russian Federation also outlined other aspects.
Document: Resolution of the Constitutional Court of the Russian Federation of April 18, 2023 N 18-P
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