Real estate and construction

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.

A law has been adopted that supplements the town-planning code with provisions on the architectural and town-planning layout of capital construction facilities

On 1 March 2023 the Russian Town-Planning Code was supplemented with new provisions on the architectural and town-planning layout of capital construction facilities.

The rules have been changed for calculating the amount of rent for federally owned land plots Resolution No. 191 of the Russian Government  Federationdated 10 February 2023 has been adopted. It has introduced material changes in the Rules for assessing the amount of rent for lands owned by the Russian.

A new material condition has been provided for on the privatisation of premises Pepeliaev Group advises that a law  has been signed that provides for a detailed privatisation procedure for premises owned by the state or municipalities that are the sole premises used for ensuring access to other premises in a building or structure.  

The grounds have been clarified for carrying out unscheduled audits in the conditions of the moratorium in 2023 Resolution of the Russian Government has been adopted that has amended the procedure for organising and conducting state control (supervision), and municipal control.

A new information system and new town-planning documentation: changes to the town-planning code

Pepeliaev Group advises of the adoption of a federal law that provides for the establishing of Stroycomplex.RF, a unified information system supporting town-planning activities; a new type of town-planning documentation is also introduced.

Since the start of 2023, the state duty for the registration of supplementary agreements to real estate leases has been reduced Pepeliaev Group advises of the adoption of Federal Law No. 493-FZ 'On amending article 333.33 of Part II of the Russian Tax Code' dated 5 December 2022. The law establishes the new amount of state duty for registering supplementary agreements to real estate leases.

The Constitutional Court has balanced the process of approving construction near power lines The Russian Constitutional Court has adopted a Resolution aimed at eliminating the imbalance of private and public interests in the field of construction in protected areas of electric grid facilities.

Amendments to the Russian Civil Code on immovable things have come into force

Pepeliaev Group advises that, on 1 September 2022, Federal Law No. 430-FZ “On amending Part I of the Civil Code of the Russian Federation” dated 21 December 2021 (“Law No. 430-FZ”) came into force with respect to the legal regulation of immovable things.

The risks are increasing for stakeholders that are investors

Pepeliaev Group advises that in August 2022 the Russian Supreme Court issued a Ruling confirming the court practice of the lower courts in the area of shared construction that investors who are individuals are deprived of the benefits in the event of the developers’ bankruptcy when residential premises are acquired for investment purposes.

Risks resulting from an understated price for real estate In August 2022 the Russian Supreme Court adopted a Ruling whereby the understatement of a price for a land plot evidences that a party to a civil law transaction is directly or indirectly aware that the purpose of the transaction is unlawful.