A new material condition has been provided for on the privatisation of premises

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Pepeliaev Group advises that a law[1] 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 substance of the amendments

In the event of the privatisation of the sole premises that are used for ensuring access to other premises in a building or construction, a material condition should be stipulated that a public easement should be established for ensuring access to the other premises. A public easement is subject to state registration simultaneously with the state registration of rights to the premises to be privatised.

Such public easement may not be established if access to other premises in the building or construction can be ensured by means of premises that are common property in such building or construction.

What to think about and what to do

Before the premises are privatised, please make sure that the owners of other premises in the building will have access to them by means of other premises that are not subject to privatisation. If no alternative access is available, the premises to be privatised will be encumbered by a public easement by virtue of the law; specifically, it will be used for accessing the other premises of the building.

Help from your adviser

Pepeliaev Group’s experts provide comprehensive legal support to parties to transactions with real estate.

Pepeliaev Group’s range of services includes advising on sale and purchase issues and closing other transactions with real estate, analysing risks associated with a particular item of real estate, representing the interests of companies in their interactions with state authorities and conducting legal due diligence of real estate. 

[1] Federal Law No. 13-FZ “On amending individual items of legislation of the Russian Federation” dated 6 February 2023, which comes into force on 17 February 2023

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