On the 1st
of January 2017 the new Law of Real Estate Registry took effect, abolishing a
large quantity of acts which had been enacted since 1998 when general rules in this question were provided for the first time. As the law of 1998 was the the starting point for real
estate registry in modern Russian history, it had been amended enormously often
thus the general revision seems to be quite a reasonable step to take.
However,
the new law is not just a unification of different enactments, it’s a further
step in a massive reform aiming to land parcel and building upon it into a
single object of rights. I have already mentioned that nowadays they are two
distinct objects so, selling a house, an owner must sell both a parcel and a
building itself, the weird approach being a consequence of economic reforms of
1990ths. So, why is the new registry law important?
First of
all, it sets up a new single registry (“The Single State Real Estate Registry”)
instead of two distinct (first one for rights on real estate and another one
for its specifications). That means in
many cases to register a property right one should follow just one procedure
instead of two (at first to specify technical characteristics of an object and
then to register a right upon it), resulting in two different government bodies
being joined into one (its short name in Russian is RosRehestr).
This
unification has led to shorter terms of registration (not longer than 10
working days instead of 20 working days in the previous law). Moreover, one can
submit any documents either through official web site or personally through any
of the offices or multi-functional centers over the country, notwithstanding
the location of the property (art. 18). Just couple of months ago one had to go
to a registry office closest to the location and possibility of electronic
submission was a lucky exception…
All these measures will inevitably change the
mindset of either lawyers and lay people, making them consider any changes to
the property as a modification of the right upon it.
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