Novostroy.su: What are the key laws in the field of real estate entered into force in 2020? How did they affect the market?
Andrei Kirillov, a representative of the developer "Megalith-Okhta Grupp, LLC", director of marketing and sales of the Megalit Corporation: this year the rules entered into force, within which the minimum lifetime of housing for taxation begin to count down from paying DDU, and not with The moment of registration of property rights. At the same time, so as not to pay personal income tax on sale, a year ago the apartment was supposed to be owned at least 5 years, under the new conditions, the term is reduced to three.
Innovations can be beneficial to some individual buyers. For example, if a few years after the acquisition of the apartment, people have changed or needed funds. Also cancel the NDFL from the sale of apartments in new buildings can be interesting to investors. In such a situation, the seller can realize his lot faster, while it disappears the need to overestimate its price to cover the losses after the tax repayment.
It is worth noting that the proportion of investment transactions in the primary real estate market today takes about 20% and over the past six months the trend of such purchases increased by almost 10%.
Also as a measure of support for the construction market this year, the law was adopted, operating until January 2021, within which it became possible not to apply a penalty, fines, penalties and other measures of responsibility for violation of the DDU legislation.
Nikolai Patzkov, General Director of the Designer of documents FRESHDOC.ru: From January 1, 2020, a change in the Federal Law "On State Registration Registration" came into force. New rules for compensation to a conscientious acquirer (physical person) for the loss of residential premises will be operated. If the court decides to remove the object of real estate, the conscientious acquirer is supposed to pay in the amount of real damage or cadastral value.
Compensation to the conscientious acquirer of the apartment relies from the state in the case when the court recovered money from an unlawful seller, but the bailiffs could not force the debtor to return funds for six months. Then the state compensates for the buyer of losses at its own expense - from the treasury of the Russian Federation.
In 214-ФЗ, changes were made affecting the design of shared construction facilities and contributing to the improvement of the protection of participants whose funds are involved in the developer. The pledge of the land plot or the right of his lease will now stop from the day of the state cadastral accounting built by the MCD. Earlier, we recall, the law requested the transfer of all objects of equity participants in construction.
The general procedure for determining the taxable Ndfl base for individuals who received real estate under the Darment Treaty was introduced. From income in a natural form under the Treaty of Real Estate Treaty it is necessary to pay NDFL. Tax rate - 13% or 30% depending on the tax status. The members of one family are still exempt from such a tax: children, parents, spouses, brothers, sisters, grandparents.
Konstantin Zuev, a practicing lawyer of the team "Doublenua Ligal", a specialist accompanied by real estate transactions, land law and urban planning rights: FZ N98 concerning the warning and elimination of emergency situations is perhaps one of the most significant laws of this year, the 19th article of which has established The grounds for resizing the rent, its deferment and the order of its payment.
Based on the new standards, tenants, especially those seriously suffered during a pandemic, in every way tried to reduce the amount of rental payments and delay them. At the same time, the parties were often failed to agree on new conditions, which led to judicial disputes with an unexpected outcome.
The state cadastral assessment should now be carried out with another frequency. In a new way, they began to calculate the deadlines for the use of cadastral value. We introduced the rules on the mandatory pre-trial procedure for challenging cadastral value. Adjust the rules for correcting errors made in its definition. These changes will somehow affect all property owners, since the amount of tax for ownership of property depends on its cadastral value.
It is allowed to obtain permission to enter the object into operation, setting it to cadastral records and registration of property rights, if the area of the object according to the issued technical differs from its area according to the project documentation by 5% in a large or smaller side.
When setting a house on cadastral records, the deposit of the land plot in favor of the shareholders, on which such a house is stopped. At the same time, Rosreestr must independently implement the specified registration effect without any additional statements.
Another important change is the emergence of opportunity to develop target loans to subsidiaries through a settlement account.
Novostroy.su: What did not have enough 2020 from the side of the lawmakers, and where the opposite, did you watch initiatives?
K.Z.: The draft law "On the mortgage (pledge of real estate)" was introduced to the State Duma on February 25 of the current year, but so far and not adopted. Innovations would be established by the order of independent realization by the individual of the stated property. I suppose from the initiative if they did not refuse, then refuse in the future, as it is rather ambiguous.
It did not have enough determination legislator and certainty in terms of the regulation of the apartment. Instead, as already noted above, it is proposed to simply prohibit their construction, and this decision is not entirely clear. Surely, it is motivated by the fact that the developers are cheating incompetent in these issues of simple buyers and sell them apartments under the guise of ordinary housing.
However, it is not clear why, in this case, it is necessary to eliminate the whole segment of the construction market. For example, to solve this problem it was possible to establish additional rules and procedure for disclosing information about the apartments and their differences from residential real estate or to increase the responsibility for the introduction of buyers to delusion.
Novostroy.su: did the pandemic affect the laws in real estate? Did you refuse any bills in the current year? If so, was it not an erroneous solution?
K.Z.: The Housing Code proposed to make changes to establish the obligation of the owner of the premises in an apartment building for violation by the tenant of the rights of neighbors, including the rules of silence. The bill made approximately six months ago on the first reading, but did not consider it.
The legislator was officially not yet abandoned this idea, but the bill "hung" for a long time. Perhaps one of the explanations is the unwillingness to enter for the owners of commercial premises on the first floors of apartment buildings additional fines, as a business that owns the premises and suffered so much.
A separate decree legislators extended the effect of some documents in the field of construction: building permits, urban planning plan, project planning project. I suppose this decision is due to the fact that at the time of the introduction of restrictions in connection with the pandemic, numerous construction sites were officially suspended.
Novostroy.su: Is the impression that the laws for the market are "written on the knee"? Or can I evaluate legislative initiatives as strategically verified?
K.Z.: It is unlikely that we can say that all the laws are written "on the knee." However, unfortunately, there is reason to state that recently the quality of legal techniques of laws is quite low. I believe that this circumstance is particularly explained by the fact that the law is often spelled by "hollow" due to the adoption of another political decision, which you need to secure as soon as possible. Accordingly, the speed with which laws are written in our country, as well as their number goes to the detriment of quality.
So, this year in Russia, 435 laws were adopted, which, fortunately, 100 less than a year earlier. However, only in 2016 only 141 law was adopted.
This circumstance can be explained, for example, by the fact that, due to the low quality of the initial law, the Parliament has to take a few more additional laws on making changes to it to correct the errors that were found in the application of the law in practice.
Only the Law N 214-FZ "On Participation in Share Construction" over the past three years has changed five times. At the same time, changes in 2019 can be said that they were strategic, but hardly completely calmed.
However, for example, in the field of urban planning right, the trend of the legislator on the gradual mitigation of the requirements of laws and the simplification of existing town-planning procedures is noticeable.
Novostroy.su: What new laws take effect in 2021? What problems with their help is trying to solve power?
Arthur Merkushev, director of the analytical department Dominfo.ru: From 2021 it will be possible to conclude real estate transactions remotely. Pandemic made adjustments to all spheres of life. Not only work and studies, but also the transactions were removed. Act so. The participants of the transaction turn to the notary, at least one notary, should work in the region where the property is located. Conditions are consistent, there is a simple electronic signature in the electronic form of the contract in the Unified Information System of the Notary (EIS). Next, the notaries on both sides draw up a certificate inscription in the contract and put their qualified electronic signature into the EIS notaries.
On January 1 of the next year, the Government Decision "On Approval of Fire Regime Rules in the Russian Federation" is entered into force, it refers to restrictions for residents of apartment buildings. According to a new law, now store things in basements and in attic it is impossible. It is also not allowed to use gas devices that have not passed maintenance. It turns out that in fact any slab cannot be used if the owner did not check it at his own expense. Will there be mass checks in this regard, it is still difficult to predict.
On balconies and loggias, it is impossible to leave outdoor sources, for example, candles or not extended cigarettes. Also, it is also necessary to ensure that the lattices on the windows of basements, emergency outputs and the first floors are easily opened.
For violation of fire safety faces a fine. For citizens, its size: from 2 to 3 thousand rubles - if nothing suffered, from 4 to 5 thousand - if there was a fire and suffered some property or whose health was harmful to the mild or moderate severity.
A separate ban on car parking is introduced near the house if the location of the fire equipment on the facade is closed on the facade for fire technology or the car on the lid of the fire hydrant well.
K.Z.: It is assumed that the regions will be able to develop targeted programs for the demolition and reconstruction of apartment buildings. Whether the house will be included in the project, the owners of the premises decide. It seems that this law is an attempt by the legislator to solve the deteriorating situation with housing and communal services in the regions of the Russian Federation, using the experience of Moscow renovation.
Entrepreneurs will receive the right not to comply with the requirements that impede the introduction of digital technologies. The appropriate mode implies the temporary use of special regulation instead of a common in a situation, the overall regulation significantly makes it difficult to introduce digital innovations and / or makes it impossible. The possibility of establishing the experimental legal regime is assumed at the federal and regional levels, in particular, in the construction of buildings, structures, structures.
The procedure for classification of hotels changes: separate requirements and evaluation criteria. Resolving disputes The right holders of hotels will be in the commission on appeal against growth. Moving a single list of hotels, ski slopes, the beaches will now also be Rotturism, and not the Ministry of Economic Development.
Novostroy.su: What are the current issues once again ignored by the legislators? Why is this happening?
K.Z: Until now, the legislator does not build a system of so-called "neighboring law". The most indicative and well-known case is the so-called, "case of an apiary", which has actively discussed many famous practitioners lawyers.
Today, the legislator almost disruled from this issue and gave it to the existence of a judicial system. As a result, we obtain sufficiently casual regulation, with which it is not always possible to predict the likely outcome of the dispute. It entails the temporary and financial costs of the parties, as it is unlikely that anyone will go to court, knowing the result in advance. Meanwhile, this problem concerns almost all. Everyone has neighbors who can violate your rights with one or another.
