Secondary market: housing price growth in Moscow is higher than inflation
In 2020, the average cost of secondary housing in Moscow increased by 4.6%: from 192,357 rubles. per sq. m in the fourth quarter of 2020 to 201,297 rubles. per sq. m in the fourth quarter of 2020. At the same time, in the country as a whole in 2020, the average cost per square meter increased by 6%.
When comparing average monthly prices in December 2018 and December 2017, the increase was 7.6%. Thus, the increase in prices for secondary housing in the capital turned out to be higher than inflation, which, according to Rosstat, was 4.3% at the end of the year.
Main events of 2020 on the Moscow housing market
The best of inexpensive resales in Moscow
In the first and third quarters of 2020, the price increase was quite smooth: in the first quarter the increase compared to the fourth quarter of 2020 was 0.4%, in the second quarter compared to the first - 0.6%, and in the third - 1.2 %. The peak of growth occurred in the fourth quarter of 2018: the cost of sq. m. m of secondary housing in Moscow during this period increased by 2.4%.
Domofond.ru
It is important to understand that the figures presented reflect offer prices and transaction amounts may vary.
What else to pay attention to
When selling real estate registered as a property after 01/01/2016, on the date of sale of the property, the seller must receive an extract from the register indicating the cadastral value of the property. This is due to the fact that Rosreestr, as practice shows, may change the cadastral value of objects during the year. Therefore, in order to avoid discrepancies in the data specified in the tax return, an extract indicating the cadastral value on the day of sale should be kept by the seller. In addition, the cadastral value and cadastral number of the property must be specified in the purchase and sale agreement itself.
Since January 1, 2018, in Moscow and St. Petersburg, the cadastral value of real estate has been recalculated, as provided for by federal law. In other regions of Russia, recalculation occurs once every five years.
It is important to remember that when selling an object, a two-way transaction occurs. It is necessary not only to take into account the benefits for the seller, who wants to pay less tax, but also to take into account the interests of the buyer.
Remember:
- if a buyer purchases an apartment with a mortgage, from 01/01/2016 the sales price should not be lower than the cost of the mortgage (banks transfer the cost of mortgage loans directly to the Tax Inspectorate);
- if the buyer is married, it does not matter how many owners are registered, each spouse has the right to receive a tax deduction from one property; the maximum deduction amount is two million rubles for each spouse.
Another point that the tax officer will pay attention to when checking the declaration is the period of ownership of the property . For real estate purchased before 01/01/2016, the tenure period is three years; For objects purchased after this date, the minimum tenure is five years.
However, there are exceptions to this rule. The three-year period of ownership of property is maintained for:
- objects for which property was registered under privatization;
- under a gift agreement only between close relatives;
- property registered by inheritance;
- property registered for rent.
The period of ownership of the property is calculated from the date of registration of the property (not from the date of signing the contract).
Changes in prices for apartments of different rooms
Against the background of a general increase in prices for secondary housing by 4.6%, two-room apartments showed the greatest positive dynamics. The average cost in this market sector per property increased by 11.8% - from 10,377,494 rubles in the fourth quarter of 2020 to 11,605,246 rubles. in the fourth quarter of 2020. “Odnushki” rose in price: by 10.7% - in the fourth quarter of 2020 they cost 7,764,573 rubles. Three-room apartments per property increased in price by an average of 5.4%, to RUB 16,688,942.
All apartments, price per sq. m, rub. | Price for a 1-room apartment, rub. | Price for a 2-room apartment, rub. | Price for a 3-room apartment, rub. | |
IV quarter 2020 | 192 357 | 7 013 562 | 10 377 494 | 15 838 474 |
IV quarter 2020 | 201 279 | 7 764 573 | 11 605 246 | 16 688 942 |
Dynamics | 4,6% | 10,7% | 11,8% | 5,4% |
The best and worst areas of Moscow
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Are you buying? Contact a notary
Alfiya Mirgasimovna, according to legislative innovations, state registration of rights for certain types of real estate transactions will be carried out only after notarization. What specific transactions are included in this category?
Alfiya Khaidarova:
Mandatory contact with a notary will be required when concluding transactions for the sale of real estate owned by a minor citizen and a citizen recognized as having limited legal capacity, as well as for transactions related to the disposal of real estate of incapacitated persons and minor children left without parental care; when concluding transactions for the sale of land shares; agreements on the division of common property acquired by spouses during marriage; transactions for the sale of a share in the right of common shared ownership to an outsider.
Before this, the participation of notaries in such transactions was not required?
Alfiya Khaidarova:
Previously, when executing the above transactions, the parties provided the registration authority with agreements drawn up in simple written form. Rosreestr specialists conducted a legal examination and, if everything was in order with the documents, registered the transaction. Now the responsibilities for checking documents and, in general, the legality of the transaction fall on the notary. Without notarization, state registration of the transfer of rights will not be carried out.
Why did it become necessary for a notary to participate in these transactions?
Alfiya Khaidarova:
The involvement of notaries in the execution of individual contracts is dictated by the need to create conditions that guarantee respect for the rights and interests of socially vulnerable categories of citizens: children and incapacitated people. The law has assigned guardians of such citizens the obligation to take care of them and represent their interests, including in real estate transactions. Previously, the law defined ways to ensure that guardians made transactions only in the interests of their wards. So, for example, in order to alienate the property of an incapacitated citizen, you need to obtain permission from the guardianship and trusteeship authorities, which are obliged to check all the terms of the transaction, based on the interests of such citizens. The requirements of this norm also apply when alienating the real estate of minor children under guardianship. By the way, when alienating the property of their minor children, parents are also required to obtain permission from the guardianship authorities. When issuing a permit, the guardianship authorities check whether the interests of the named categories of persons are respected, and, as a rule, oblige parents, guardians and trustees to acquire real estate equivalent to the alienated property. However, even with this, the likelihood of risks of loss of property, mainly housing, remains high. Thus, when selling the property of incapacitated people and minors, their representatives may not buy another, or they may purchase housing with worse conditions: smaller area, in a bad location, with poor-quality repairs, and so on. Identifying such facts and challenging concluded transactions in court is a very long and complex procedure. Moreover, in such cases, the other party suffers - home buyers.
And when amending the law to introduce a notarial form for such transactions, the legislator pursued the main goal - to eliminate as much as possible the facts of violation of the rights of the least protected part of the population - children and incapacitated citizens. Therefore, the notary has become the only legal instrument to ensure the legality of transactions, the protection of the rights and interests of all participants in civil transactions, and of course, first of all, the persons mentioned above. In particular, when certifying a transaction, notaries will necessarily take into account the conditions contained in the permission of the guardianship and trusteeship authorities and the possibility of their strict implementation.
What conditions are still set in the permissions of the guardianship authorities and how feasible are they?
Alfiya Khaidarova:
We have worked on this issue: on the initiative of the Notary Chamber of the Republic of Belarus, a working meeting was held with the participation of representatives of the notary office, guardianship and trusteeship authorities, as well as the Ministry of Education of the Republic. We discussed problematic issues that arise in practice regarding the execution of orders of guardianship authorities, analyzed various situations and found the most optimal formulations for issuing orders (decisions) for transactions with the property of minors and incapacitated citizens.
When allowing the sale of housing owned by minors and incompetent persons, guardianship authorities in most cases impose conditions for the “simultaneous purchase” of other real estate in their name. At the same time, the purchase of real estate for a minor is not subject to mandatory notarization by law, which excludes simultaneous transactions or forces citizens to notarize the contract for the acquisition of property. The simultaneous sale and purchase of real estate is impossible when the properties are located in different localities. The agreements reached will in the future make it possible to ensure the execution of documents related to the conclusion of transactions involving minors and incapacitated persons with a guarantee of respect for their rights.
Another legislative innovation concerns agreements for the sale of shares in the right of common shared ownership...
Alfiya Khaidarova:
These transactions have always been considered problematic, since they require respect for the rights of other owners to preemptively acquire the alienated share.
There are often cases when several citizens, not necessarily relatives, have housing in common ownership. If one of them wants to sell his share, he must first offer the co-owners to buy it. And only if they do not take advantage of this offer within a month, the share can be sold to an outsider. But in practice, it is often problematic to notify co-owners of the sale of a share and provide evidence that the offer was made to them. Relations between co-owners are often tense, and therefore they may deliberately hide their address and not confirm the fact of receipt of the notice. Sellers also find ways to circumvent the law, for example, by giving a share to the buyer, covering one transaction with another. In this case, the “done”, and in fact the buyer, risks losing money and being left without housing, since other co-owners can prove in court that the transaction is fraudulent and challenge it. According to recent changes in the law, the notary is called upon to act as a guarantor of the legality and correctness of such transactions, taking upon himself, among other things, verification of compliance with the requirement for the right of pre-emptive acquisition of a share by other participants in shared ownership. Key question
It is probably no coincidence that notarized confirmation of the transaction is also required when dividing the common property of spouses? Was the human factor taken into account here too?
Alfiya Khaidarova:
Undoubtedly. This legal requirement is intended to protect the interests of both spouses so that the division of property is not oppressive for one and beneficial for the other. After all, this usually happens during a divorce. We are also required to certify transactions for the sale of land shares, due to the fact that they are complex, and the land begins to acquire its true price.
As you can see, the mandatory notarial form has been introduced for those transactions where there are the most complex legal relationships and where offenses often occur. And this is no coincidence. The notary is a reliable tool for ensuring the legality of transactions, the correctness of their execution, and securing the true will of the parties to the agreement. Of particular importance is the fact that the notary bears full financial responsibility for all his actions. Compensation for losses of citizens, if damage was suddenly caused to the parties to the transaction due to the fault of the notary, is guaranteed by the presence of several levels of professional liability insurance: the notary insures his activities personally; the regional notary chamber concludes a collective insurance agreement for all notaries; A Compensation Fund has been created in the Federal Notary Chamber. All types of insurance are required by law. Another novelty of the law, which emphasizes the advantage of the notarial form of transactions, was introduced a little earlier - this is the recognition of the increased evidentiary power of a notarial document, enshrined in the civil and arbitration procedural codes.
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Price dynamics in administrative districts
Resale home price changes vary significantly by location. The maximum growth was recorded in the Eastern Administrative District - by 6.7%, from 166,585 rubles. up to 177,711 rub. per sq. m. Minimum, by 3.2%, in the South-Western Administrative District (up to 207,988 rubles) and ZAO (up to 241,383 rubles). A decrease in prices was noted only in the most expensive Central District: per sq. meter on the secondary market in the Central Administrative District is now asking for 1.9% less than a year ago: the offer price has decreased from 395,073 rubles. up to RUB 387,411
Administrative districts | IV quarter 2020, rub./sq. m | IV quarter 2020, rub./sq. m | Dynamics |
VAO | 166 585 | 177 711 | 6,7% |
SEAD | 156 106 | 166 492 | 6,7% |
SZAO | 196 781 | 209 627 | 6,5% |
SAO | 188 221 | 199 784 | 6,1% |
Southern Administrative District | 166 501 | 176 672 | 6,1% |
NEAD | 174 753 | 184 360 | 5,5% |
Company | 233 901 | 241 383 | 3,2% |
South-Western Administrative District | 201 469 | 207 988 | 3,2% |
Central Administrative District | 395 073 | 387 411 | -1,9% |
The number of real estate transactions in Dubai has increased by 35% since 2020
A new report from ReidIn says the level of transactions in the Dubai residential property market in the first 10 months of 2017 alone exceeded that of the whole of last year, driven by greater activity in the housing construction market. Read on for what to expect from prices.
Year-on-year, property transaction volume in Dubai rose 32% year-on-year, with average transaction values up 27%, recovering from a 15% fall in 2016.
Recent analyst pessimism in the Dubai market has centered around increasing residential and commercial stock. At the same time, some experts said that the off-plan sales market is rapidly advancing on the secondary market (i.e., the market for finished real estate), where there has been a decrease in rental rates and prices in the sales sector.
But with overall residential investment in Dubai steadily increasing, the fate of the secondary market does not promise to be as dismal as pessimists predict, since traditionally lower transaction volumes in the secondary market are normal for any mature market, which Dubai is now becoming. However, many are concerned that at the moment, off-plan property transactions actually outweigh the share of sales on the secondary market by a ratio of 2:1, while new properties continue to put some pressure on the rental sector.
But in the next two years, in the run-up to Expo 2020, a large influx of additional labor and new residents to Dubai is expected, which will naturally increase rental demand.
Statistics say that next year 49,000 new houses will be commissioned in Dubai - 39,000 apartments and more than 10,000 villas and townhouses. Of these, 16,255 will be completed in the first quarter.
Another 43,500 properties are expected to join the city's housing stock in 2020, and 25,000 in 2020, bringing the total number of new properties over the next three years to 117,500.
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Dynamics of supply and demand
After two years of leadership of two-room apartments in the structure of supply and demand, they were replaced by one-room apartments: in 2020, the share of demand for one-room apartments increased to 38.7%, and supply - to 34%.
Two-room apartments now account for 36.3% of the total number of requests. The share of two-room apartments in the entire supply decreased to 29.7%.
The share of demand for three-room apartments also decreased: to 20.6%, and supply - to 25.5%.
Moscow metro stations where rent increased the most in 2018
Why has the cadastral value of land in the Moscow region and New Moscow fallen?
Transaction and Sale of Real Estate
Below you can find sample lists of documents required to carry out registration actions for certain types of transactions. Registration of a mortgage agreement (real estate pledge)
To register a mortgage agreement, you must provide the following to the registration authority:
- Mortgage agreement. Originals and copies of documents named in the mortgage agreement as attachments. A loan or other agreement, the execution of which is secured by a mortgage.
The original and a copy of the document confirming the occurrence of the obligation secured by the mortgage (in the case where the right of pledge arises not from the moment of concluding the mortgage agreement, but from the moment the main obligation arises).
Permission from the guardianship and trusteeship authorities - when pledging residential premises, the owners (co-owners) of which are minor children, as well as citizens who are incapacitated or have limited legal capacity by the court.
The original and a notarized copy of the mortgage (if the mortgage agreement states that the rights of the mortgagee are certified by the mortgage). Originals and copies of documents named in the mortgage as attachments.
The consent of the mortgagee under a subsequent mortgage agreement to amend the previous agreement, entailing the provision of new claims of the previous mortgagee or an increase in the volume of claims already secured under this agreement, unless otherwise provided by the previous mortgage agreement.
License to manage mortgage coverage, rules for trust management of mortgage coverage (with state registration of a mortgage securing the requirements constituting such mortgage coverage). An extract from the register of mutual investment funds, issued in accordance with the established Federal Law of November 29, 2001 No. 156-FZ “On Investment Funds” no earlier than 10 days before the date of submission of documents for state registration, rules of trust management of a mutual investment fund (trust agreement management of a mutual investment fund) with all changes and additions made to them (original and copy); license of the management company in whose trust the mutual investment fund is located (the original or a notarized copy, as well as a copy of the title documents for inclusion in the file) (for state registration of the mortgage of real estate constituting the mutual investment fund).
Registration of rights to real estate arising on the basis of transactions (purchase and sale, exchange, rent, donation, assignment of claims, termination, etc.)
To register rights to real estate arising on the basis of transactions (purchase and sale, exchange, rent, donation, assignment of claims, termination, etc.) the registration authority must provide:
Renting housing: renting three-ruble apartments has become much more expensive, rates for one-room apartments have not changed
The average cost of renting an apartment in Moscow per object increased by 2.5%: from 49,775 rubles. in the fourth quarter of 2020 to RUB 51,038. in the fourth quarter of 2018.
If in 2020 the maximum growth was demonstrated by “one-room apartments” (by 4.3%), then in 2018 three-room apartments are leading. The average rental rate for three rubles in Moscow increased by 18.3%, to 106,845 rubles. by the end of the year. Perhaps over the year, the most affordable offers in this segment have left the market. The increase in prices for two-room apartments was three times less: their rent increased by 6.5%, to 49,555 rubles. per month. One-room apartments fell slightly in price: by 0.1%. In the fourth quarter of 2020, the average cost of renting a one-room apartment in Moscow was 34,711 rubles.
All apartments, rub. per apartment per month | 1-room, rub. per apartment per month | 2-room apartments, rub. per apartment per month | 3-room apartments, rub. per apartment per month | |
IV quarter 2020 | 49 775 | 34 739 | 46 527 | 90 326 |
IV quarter 2020 | 51 038 | 34 711 | 49 555 | 106 845 |
Dynamics | 2,5% | -0,1% | 6,5% | 18,3% |
Basic moments
Every Russian citizen is endowed with the opportunity to own a property on the right of ownership, which is provided for by the Constitution of the Russian Federation. It must be registered in the Unified State Register, which is a collection of reliable information about the registered real estate.
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A unified accounting system is being created with the aim of streamlining the institution of legal property relations.
What exactly does the document contain?
The wording “state registration” means a legal act that recognizes and confirms the emergence of the right and its termination of a certain person to real estate.
Any action performed with it is subject to registration. For example, the transfer of ownership from one person to another.
In accordance with the innovation, all information contained in the Unified State Register and the State Real Estate Cadastre was combined and a Unified Real Estate Register was formed. It contains information about each property and the grounds for the emergence of rights to it and the copyright holder.
It includes:
- real estate cadastre;
- list of ownership of real estate;
- census of the boundaries of zones of territories of important economic and defense significance;
- a list of documents serving as the basis for entering information into the Unified State Tax Code as provided for by Federal Law No. 218-FZ;
- cadastral maps;
- books of accounting of formulated documents.
What changes have occurred
List of major changes affecting the real estate sector:
Indicators | Description |
Formation of a new structure | EGRN |
Introduction of an additional function into the responsibility of Rosreestr | management of cases of real estate registration in the cadastral register |
Submission of documents for registration and registration procedures | to any branch of FKP Rosrrestr and through the Multifunctional Center, regardless of the location of the property |
Exemption from the obligation to present constituent documents | — |
Payment of state duty | within 5 working days counted from the date of submission of the application |
Reducing the period for consideration and implementation of registration and cadastral registration procedures | up to 5 working days when submitting an application to FKP Rosreestr. If documents are submitted through the MFC, it will be increased by 2 working days. Simultaneous production of 2 procedures will be carried out within 10 working days |
Increasing the period of suspension of registration of rights to real estate | up to 3 months at the initiative of the registrar. If the procedure is initiated by the applicant, the period is extended to 6 months |
Making an entry in the Unified State Register of Real Estate | about changes without the participation of the applicant |
Sending by a notary information about the issuance of a certificate of inheritance | at FKP Rosreestr in person |
Allocation of a parking space to a separate real estate property | — |
Registration Features
In accordance with the innovations, the owner of the property can submit them personally or through an attorney, having previously issued a power of attorney for him in a notarial manner.
The new law allows for the execution of documents for carrying out procedures on paper and in electronic form.
The Rosreestr body together with the Federal Cadastral Chamber:
- We compared and supplemented information about the real estate cadastre and the register of property rights.
- Eliminated identified errors and inconsistencies that were contained in the records. They provided an opportunity for interested parties to obtain accurate and complete information about the property.
One of the main activities for the development of the accounting and registration system was the provision of online services by the Rosreestr body. Each user can access it remotely, thanks to the service services launched on its website.
These include:
- personal account of the copyright holder;
- personal account of a cadastral engineer;
- checking the execution of the request;
- verification of an electronic document;
- reference information from the Unified State Register of Real Estate online;
- an extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the property;
- submit an application for state registration of rights;
- public cadastral map.
When sending documents for registration by Russian post, the applicant must notarize each of them. Otherwise, the application will not be considered by the Rosreestr body.
He introduced a new type of service - delivery of completed documents by courier to the place specified by the applicant. It is carried out on a paid basis. To receive this type of service, you must indicate “courier delivery” in your application.
Responsibility for non-compliance with these standards
The legislator has provided for the administrative liability of the registrar for improper compliance with the rules on recording real estate objects. The Rosreestr body is obliged to justify the reason for refusing to provide the applicant with a public service.
The measure of influence will be applied if the specified body:
- will not accept documents for registration of ownership of real estate;
- will make technical errors in the entries entered into the Unified State Register of Real Estate;
- will not provide the applicant with an extract from the Unified State Register of Real Estate;
- will suspend registration actions in relation to the property;
- evades the performance of functional duties.
In accordance with the innovations, the state registrar is obliged to compensate the territorial body Rosreestr for losses caused by illegal actions. If they were caused intentionally, then lost profits are subject to compensation.
Officials who intentionally or through negligence distorted information about property rights and lost them will be held accountable. The basis is material damage caused during registration actions.
Video: cost forecast
Real estate laws that will come into force in 2020
There is very little time left until the beginning of 2020. And while the pre-holiday bustle has not yet arrived, citizens are beginning to think about what the coming year has in store for them. This article talks about which real estate laws will come into force in the coming year of the “yellow earth dog”[1].
On protecting the rights of shareholders
Protecting the rights of shareholders has long become not a legal, but a political issue. Therefore, the Federal Assembly and the President, having adopted the law on public law, provided that it would come into force from the moment of publication. That is, in August 2020.[2] The topic of defrauded shareholders is too painful. However, some regulations will only come into force on January 1, 2020. First of all, we are talking about articles amending the bankruptcy law.[3]
They clarify and regulate the bankruptcy procedure for a developer, the rights of the Fund in the event of the insolvency of a construction company, accreditation with the Bankruptcy Trustees Fund, prohibit the financial recovery of developers, determine the specifics of filing claims against a construction company in the event of its insolvency, and so on.
In addition, the law establishes that from 01/01/2018, managers, chief accountants and participants in developers who own at least 25% of shares in the capital of the company must meet certain requirements: not have a criminal record for economic crimes, not be disqualified, etc. d.
And finally, from January 1, all developers are required to post information on the state housing construction website that discloses their activities and financial condition.
Why did the legislator postpone the implementation of these standards to 2018? Everything is very simple. For them to come into force, it was necessary to prepare, create a website, send additional recommendations to arbitration courts, and also give time to the managers and founders of construction companies to record new information in the Unified State Register of Legal Entities. (See “New Law No. 218-FZ will globally change the shared construction market.”)
On amendments to the Tax Code of the Russian Federation
In 2020, the norms introduced into the chapter of the Tax Code of the Russian Federation on cadastral value will come into force. However, I will say right away that many short stories are purely “cosmetic” in nature. They simply clarify the terminology.[4] Thus, the legislator replaced the phrases: “one residential premises” with “residential building”, and “residential premises” with “apartments, rooms”. Is this due to the fact that in the context of the law it was difficult to understand what we were talking about? About an individual house, apartment or room. Now the discrepancies have been eliminated.
In addition, the state has expanded the clause that an entity entitled to tax benefits must submit an application to the Federal Tax Service. In the previous edition, this provision obligated the citizen, along with the application, to send documents confirming this fact to the inspectorate. Now the provision of such papers is a right, and not an obligation, of an individual.[5] Indeed, what is the point of producing unnecessary documents if the Federal Tax Service can independently verify all the information in the manner of interdepartmental interaction?
Incorrect information about laws
Recently, we have had to deal with, to put it mildly, incorrect information about the laws that will come into force next year. We are talking about the supposed “end” of free privatization in 2020, as well as a norm that, from January 1, will prohibit transactions with plots that do not have established boundaries.
This information is contained in a number of articles published on the Internet. They are diligently reprinted by reputable media and even companies providing legal and real estate services. At the same time, no one bothers to even look at the laws to which the authors refer. But in vain.
The fact is that since February 2020, free privatization of housing in the Russian Federation is unlimited. All time limits were removed by Law No. 14-FZ.[6] It was accepted at the insistence of the president.
As for the restrictions on the purchase and sale of land without established boundaries, not everything is so simple here. Many authors and journalists persistently talk about Law 477-FZ, which supposedly introduced this ban. Nothing like this. This normative act has nothing to do with land law at all. It introduces changes to the Tax Code of the Russian Federation.[7] Most likely, the author of the very first article confused it with Law No. 447-FZ.[8] This document did indicate that from 01/01/2018 all transactions with areas with unidentified boundaries are cancelled. However, there is a big “but” here.
The fact is that this clause, in turn, was repealed by Law No. 361-FZ.[9] The ban on transactions with plots without established boundaries from January 1 of next year is contained in the most general terms only in the order of the Government of the Russian Federation.[10] Therefore, at the time of writing this article, there is no law prohibiting the purchase and sale of land without established boundaries.
Real estate bills currently under consideration
So, 2020 will not bring radical changes in the field of legal regulation of real estate. However, there are currently dozens of projects in the State Duma. Most of them are considered only in the second or even first reading. That is, if they are adopted in 2020, they will most likely come into force in 2019.
However, perhaps already in 2020 (or immediately after the New Year holidays) deputies will change the norms of the law on mortgages.[11] In particular, the legislator will clarify that if a mortgage arises by force of law, then the parties can enter into an appropriate agreement. The novelties will also exclude spacecraft from mortgage objects. But other provisions are much more important. For example, the law will introduce the concept of an electronic mortgage, which is signed by the UKEP.[12] Such a mortgage will be stored in the depository in electronic form. In addition, there will be articles regulating the procedure for issuing and storing an electronic mortgage, as well as canceling and immobilizing its documentary counterpart (on November 25, 2017, this law was signed by the President of the Russian Federation and will appear in print in the coming days).
Most likely, regulations on inspections of the work of management companies will be adopted next year. Their essence is that if residents (or owners of premises) sent a complaint to the management company about a violation of the terms of the contract by the management company, and the latter did not consider the appeal or did not satisfy the citizens’ demands, then this fact will become the basis for an unscheduled inspection against the management company.
Also in the coming year, the State Duma will adopt changes to the Housing Code of the Russian Federation. They will allow residents to elect authorized delegates to general meetings of the apartment building. It is planned that one delegate will be elected by the owners of apartments located on the same floor. The introduction of this norm should contribute to a more complete involvement of owners in the process of managing a house.
The project submitted by members of the Federation Council is also of interest. It provides for the possibility of registering non-residential premises in the cadastral register if it is located in a building that is not itself registered in the cadastral register and was built before January 1, 2013.
A thoughtful reader will immediately understand that we are talking about cooperative garages and complexes built in the 90s and “zero” years. Most of these objects have indeed not yet been included in the State Property Committee. Moreover, owners often do not have papers confirming ownership of garages. Therefore, the future law will determine that citizens will be able to formalize their rights to premises in such a building on the basis of documents confirming payment of the share contribution, as well as an order from the local administration to allocate land for the construction of a cooperative garage.
Brief conclusions
So, the coming year will not be full of new laws in the real estate sector. The main body of regulations was adopted in 2014-2017. The legislator will simply continue to improve the regulatory framework, taking into account practice, as well as the achievements of scientific and technological progress - the introduction of an electronic mortgage, the introduction of blockchain, a gradual transition to project financing of construction.
This fact is confirmed by dozens of bills, which can be easily found on the State Duma website. Their study shows that the authorities today prefer gradual changes in laws rather than revolutionary upheavals in the real estate sector. Especially on the eve of the World Cup and the Russian presidential elections.
[1] According to the Chinese calendar.
[2] Federal Law of July 29, 2017 No. 218-FZ “On a public law company for the protection of the rights of citizens - participants in shared construction in the event of insolvency (bankruptcy) of developers and on amendments to certain legislative acts of the Russian Federation.”
[3] Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)”.
[4] Federal Law “On Amendments to Part Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” dated September 30, 2017 N 286-FZ (latest edition).
[5] P.6. Art. 407 Tax Code of the Russian Federation.
[6] Federal Law “On invalidating certain provisions of legislative acts of the Russian Federation” dated February 22, 2017 N 14-FZ (latest edition).
[7] Federal Law “On Amendments to Part Two of the Tax Code of the Russian Federation” dated December 29, 2014 N 477-FZ (latest edition)
[8] P.4. Art.2. Federal Law of December 22, 2014 N 447-FZ (as amended on July 3, 2016) “On Amendments to the Federal Law “On the State Real Estate Cadastre” and certain legislative acts of the Russian Federation.”
[9] Federal Law of July 3, 2016 N 361-FZ (as amended on July 29, 2017) “On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation” (as amended. and additionally, entered into force on August 11, 2017)
[10] P.21.4. Order of the Government of the Russian Federation dated December 1, 2012 N 2236-r (as amended on February 11, 2017) On approval of the action plan (“road map”) “Improving the quality of public services in the field of state cadastral registration of real estate and state registration of rights to real estate and transactions with him".
[11] Federal Law No. 102-FZ “On Mortgage (Pledge of Real Estate)” dated July 16, 1998.
[12] Enhanced qualified electronic signature.