MIL OSI Translation. Region: Russian Federation –
On November 16, the State Duma approved in the second reading a bill that allows developers, on the basis of a permit to commission a construction object, not only to put it on cadastral records, but also to register the rights to it.
“The adoption of the amendments will simplify registration, and this is another step towards reducing the investment and construction cycle. We are actively working on this right now, this is also suggested by our initiative “New rhythm of construction”, ”said Deputy Prime Minister Marat Khusnullin.
Now, in accordance with the established procedure, the public authority that put the property into operation sends an application to Rosreestr for registering it. After that, the developer must independently apply for registration of rights to the object.
The bill proposes to exclude this administrative procedure for developers of a number of construction projects. They will be able to simultaneously carry out cadastral registration of the constructed object and registration of rights to it. Moreover, the registration of rights will take place automatically: the authority issuing permission to enter will directly interact with the authority for registration of rights. The developer will only have to receive an extract from the register, which will confirm the state cadastral registration and registration of rights. If the construction was carried out at the expense of investors, their rights will also be formalized.
However, the adopted amendments do not apply to apartment buildings built under equity participation agreements, because in these cases, ownership of individual apartments arises according to other rules.
The bill also empowers the federal executive authorities to approve the form of the assignment of the developer or technical customer for the design of a capital construction facility, the construction, reconstruction or overhaul of which is carried out with the involvement of budgetary funds. This will minimize budgetary costs and speed up design and construction procedures.
In addition, the bill solves the problem of the ratio of capital repairs and reconstruction. For example, when replacing old wooden floors, the technical and economic indicators of buildings do not change. However, now these works require the development of design documentation, obtaining construction permits and commissioning of facilities.
According to the approved amendments, the Government will determine the cases when, during the overhaul of buildings and structures, the replacement and (or) restoration of the load-bearing building structures of the facility can be carried out. This will allow, among other things, to significantly reduce the time for capital repairs of social facilities.
Legislative changes also additionally protected the rights of developers, whose facilities were located in zones with special conditions for the use of the territory. According to the law, these objects can be put into operation until January 1, 2024, however, the law did not mention the possibility of putting them on cadastral records and registering rights. This legal gap has now been closed.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and or sentence structure not be perfect.