Real estate and construction

Additional restrictions in relation to the development of areas adjacent to cultural heritage sites Pepeliaev Group advises that, from 3 October 2016, amendments come into force to legislation dealing with cultural heritage sites. These introduce a prohibition on the construction and reconstruction of capital construction projects close to cultural heritage sites. 

Substantial changes in the cadastral valuation system Law Firm Pepeliaev Group advises that, on 3 July, Russian President signed federal laws on state cadastral valuation.

A differentiated approach to cases concerning the demolition of unauthorised constructions Pepeliaev Group advises that the Russian Supreme Court has applied a differentiated approach in a case concerning the demolition of an unauthorised construction. The court laid down new approaches, previously absent from court practice, to examining cases in the relevant category (Ruling No. 308-ES15-15458 of the Russian Supreme Court's Judicial Panel for Economic Disputes dated 10 March 2016 in case No. А32-22681/2014).

Changes in the procedure for registration of real estate Pepeliaev Group advises that by 2017 a unified system for keeping records of real estate should be created in Russia

Purchasing state and municipal property Pepeliaev Group advises that on 30 June 2015 a federal law took effect, which has changed the period for purchasing real estate which belongs to constituent entities of the Russian Federation or is in municipal ownership. 

New rules approved for determining the price of a land plot sold out of Federal ownership without an auction Pepeliaev Group advises that on 26 March 2015, the Government's Resolution No. 279 was adopted "On Approving the Rules for Determining the Price of a Land Plot in Federal Ownership when a Contract to Sell and Purchase the Land Plot is Made without an Auction being Held" (the "Rules").

Russian constitutional court referred to incomplete information in the Realty Register Pepeliaev Group advises that in pursuance of a decision of the Russian Constitutional Court, federal legislators must include in the Realty Register (Unified State Register of Rights to Real Estate and Transactions) information regarding such encumbrances as third parties' rights to real estate.

Rules approved for deactivating a capital construction facility 14 October 2011 saw the entry into force of the Russian Government’s Resolution No. 802 dated 30 September 2011 On approving the Rules for deactivating a capital construction facility.

Protection of Title and Other Rights in Rem The Joint Plenum of the Russian Supreme Arbitration Court and of the Russian Superior Court has determined the practice for applying legislation on certain issues relating to the protection of title and other rights in rem.

Legislative Amendments Affect the Operations of the Federal Fund for the Promotion of Housing Construction

Federal Law No. 343-FZ “On Amendments to the Federal Law “On Facilitating Development of Housing Construction” and Individual Legislative Acts of the Russian Federation” was adopted on 27 December 2009.

Technical regulations have been adopted that establish the requirements on the safety of buildings and structures; the scope of design documentation required to develop capital construction projects has been increased

• Federal Law No. 384-FZ “Technical Regulations on the Safety of Buildings and Structures” was adopted on 30 December 2009 and will enter into force on 30 June 2010.
• On 21 December 2009 the Russian Government adopted Resolution No. 1044 dated 21 December 2009 “On Amendments to the Regulations on the Composition of the Sections of Design Documentation and Requirements on their Content.”

“On Amendments to Articles 2 and 3 of the Federal Law ‘On the Entry into Force of the Russian Land Code’ and Individual Legislative Acts of the Russian Federation”

Federal Law No. 351-FZ “On Amendments to Article 3 of the Federal Law ‘On the Entry into Force of the Russian Land Code’ and Individual Legislative Acts of the Russian Federation” and Federal Law No. 342-FZ on extending the term for re-registering rights of permanent (indefinite) use of land plots were adopted on 27 December 2009.