Real estate and construction

Rules for the use of land and development in Moscow have been approved Pepeliaev Group advises that the Government of Moscow has approved the Rules for the use of land and development in the city of Moscow*. Two documents underpinning city planning are currently in force in Moscow: the General Plan, and the Rules for the Use of Land and Development.

Changes in legislation concerning self-regulating organisations in the sphere of engineering surveying, design and construction Pepeliaev Group advises that starting from 1 July 2017, changes will come into effect in the Russian Town-Planning Code and other laws in terms of regulating the activities of self-regulating organisations (“SROs”) in the sphere of construction, reconstruction, major repairs (collectively referred to as “construction”), engineering surveying, and design in relation to facilities undergoing capital construction work.

Regarding the new rules for ‘freezing’ the cadastral value of real estate items Pepeliaev Group advises that Federal Law No. 401-FZ dated 30 November 2016 repeals the rule that provides for the minimum cadastral value that was set in or after 2014 to be applied for taxation purposes between 1 January 2017 and 1 January 2020.

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.