Real estate and construction

Rosreestr has clarified the legal treatment of power grid facilities

The Federal Service of State Registration, the Cadastre and Cartography has published a Letter to sort out discrepancies relating to the classification of power grid facilities as either movable or immovable property.

The rules for changing the purpose of and remodelling premises are being supplemented

Pepeliaev Group advises that, on 1 April 2024, Federal Law No. 608-FZ dated 19 December 2023 comes into force, clarifying the rules for changing the purpose of premises to residential or non-residential and the procedure for their remodelling.

The liability of developers under shared construction agreements is limited until 31 December 2024

A Resolution of the Russian Government has been adopted that establishes special conditions for applying a penalty and other financial sanctions and measures of liability for the non-fulfilment of obligations under shared construction agreements.

The Russian Government has defined the specific aspects of archaeological reconnaissance and a historical and cultural expert review The Russian Government's Resolution No. 2418 dated 30 December 2023 has been adopted.

Amendments to the law on technical regulation The system of technical regulation in construction has been amended.

Real estate transactions are invalid without the consent of the government commission The State Commercial Court for the Moscow Circuithas confirmed the position of the appeal court, according to which a sale and purchase agreement of real estate entered into in the absence of the consent of the Government Commission on Monitoring Foreign Investment in the Russian Federationis an invalid transaction.

Arbitral tribunals may consider disputes on real estate

The Russian Constitutional Court has adopted a Resolution aimed at eliminating contradictions between arbitral tribunals and state courts regarding the arbitrability of disputes in the area of real estate.

The law on the “linear amnesty” has come into force

The law on the “linear amnesty” has come into force. The Law was adopted in pursuance of the Russian President's instruction No. Pr-1842 dated 12 November 2020 to develop mechanisms for the registration of rights to infrastructure lines created before the modern legal system of city-planning regulation appeared.

The criteria have been set for structures and constructions to be classed as facilities of auxiliary use On 1 September 2023, the Russian Government’s Resolution entered into force concerning the criteria for structures and constructions to be classed as facilities of auxiliary use.

Requirements have been established for the architectural and urban look of a capital construction facility and the rules for approving it The Russian Government has adopted a Resolutionwith requirements for an architectural and urban look of a capital construction facility and the rules for approving it.

The Law on Garage Associations and other legislative amendments The Federal Law has been adopted, which continues the reform of the legal regulation of common ownership with regard to garage associations and specifies rules for their management.

Changes in town-planning legislation

Amendments have been adopted to town-planning legislation which, among other things, enable the Russian Government to approve the procedure for adopting draft site design documentation and simplify the extension of a construction permit.