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Legal Update in Real Estate


On October 19, the AEB Real Estate Committee held its traditional webinar titled "Legal Update in Real Estate". The Committee organizes such webinars twice a year, in spring and autumn, to inform the AEB companies about the changes in real estate regulation that have occurred over the past few months, as well as about the regulatory requirements coming into force soon.

Stanislav Veselov, Counsel of Real Estate Practice at ALRUD Law Firm, gave an overview of the application of the objective limitation period (starting from September 1, 2023): namely, to its features - as opposed to the subjective limitation period, and the advantages of this approach, as well as the existing limitations of its application. The expert highlighted certain unresolved issues that often raise questions.

Ilya Lokhanin, Associate at Sapozhnikov & Partners, talked about novelties in real estate legislation. The speaker listed and briefly commented on a number of developments of recent months, i.e. approval of criteria for classifying buildings as auxiliary constructions, expansion of responsibility of self-regulatory organizations, requirements for architectural and urban-planning appearance and the procedure for its approval, creation of a state information system for urban planning, etc.

Dmitry Bogdanov, Senior Associate, SEAMLESS Legal, spoke about the new rules for the sale of "certain production facilities". These are rules aiming to protect the environment (the relevant law - No. 446-FZ of 30.12.2021 - entered into force in September) that regulate what potentially hazardous production facilities are subject to the requirements and what obligations arise for their owners, as well as the conditions and procedure for transactions with such facilities.

Anna Sitas, Legal Director, Denuo, and Valentin Kanevsky, Senior Associate at Melling, Voitishkin & Partners, covered the development of legislation on common property of real estate owners - prior to and after the amendments to the Civil Code of the Russian Federation introduced this July. Anna pointed out key issues related to common property and showed how, in this regard, the legal regulation of the problem gradually moved from regulating individual objects, through accumulation of judicial practice, to establishing general provisions. Valentin, in turn, reviewed these new regulations governing common property, including its structure, ownership and shares, the procedure for use, as well as the rights and obligations of property owners. Special laws on common property and remaining gaps in the issue regulation were also mentioned.

The event was moderated by the AEB Real Estate Committee Chairman Anton Alekseev, EPAM Law Offices. As usual, at the end of the webinar the participants had an opportunity to ask the questions.