WHAT APARTMENT OWNERS NEED TO KNOW
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This video will discuss new laws affecting property owners and the law enforcement practices that developed in 2019. We will also examine several high-profile rulings of the Supreme Court of the Russian Federation.
✅Laws coming into force in 2020.
1. Good news for all buyers and apartment owners. It will now be more difficult to repossess real estate from a bona fide purchaser. A buyer will be considered bona fide unless proven otherwise, provided they ordered an extract from the Unified State Register of Real Estate (EGRN) when purchasing the apartment.
2. It will also become more difficult for the state to annul a transaction made by a bona fide purchaser. The period for recognizing such a transaction as invalid is limited to three years from the date of registration of ownership.
3. Individuals are exempt from taxation on income received from the sale of their only home, regardless of how they previously acquired it, if they owned it for at least three years.
4. Property tax will now be calculated in all regions based on cadastral value; an increase in the amount on the payment bill is expected. Inventory value will not be taken into account starting January 1, 2020.
5. Voluntary home insurance. If the insurance is not paid by the owner, compensation in the event of an emergency will no longer be paid. The corresponding insurance programs are expected to be fully operational in all regions by 2020.
6. Chapter 10.1 of the Federal Law "On State Registration of Real Estate" comes into force on January 1, 2020. Citizens who have lost their only home will be entitled to compensation for the loss of ownership from the Russian treasury. This rule applies in cases where someone has challenged the citizen's ownership of their home. A new chapter to the aforementioned law was added by Federal Law No. 299-FZ of August 2, 2019, "On Amendments to the Federal Law 'On State Registration of Real Estate'."
7. The Ministry of Labor issued an Order "On Approval of the Professional Standard 'Real Estate Specialist'" (effective December 6, 2019). Citizens will now know what a realtor is responsible for and what their responsibilities are.
8. Joint Property of Spouses. The law on this will likely be adopted in March 2020. Either spouse will have the right to apply to Rosreestr to register joint property ownership. It is also planned to consolidate the spouses' debts.
Bill No. 835938-7 "On Amendments to Certain Legislative Acts of the Russian Federation."
✅ Supreme Court rulings on high-profile housing cases adopted in 2019. 1. Utility companies and apartment building management companies will have the right to inspect apartments to identify possible redevelopment plans no more than once every three months, after agreeing on a time for the visit with the property owner.
Determination of the Civil Division of the Supreme Court of the Russian Federation in case No. 4-KG19-6 of May 7, 2019.
2. Determination of the Economic Disputes Division of the Supreme Court of the Russian Federation of December 16, 2019, case No. 305-ES19-13326.
3. A smoker's neighbor can be held liable for compensation for moral damages for smoking in the apartment. Everyone has the right to a healthy environment.
Determination of the Snezhinsky City Court of the Chelyabinsk Region of October 9, 2019, in case No. 2-580/2019.
4. A prenuptial agreement can include personal property and property acquired before marriage. This means that an apartment inherited by one spouse, for example, or purchased before marriage can be divided.
Determination of the Supreme Court of the Russian Federation dated September 10, 2019, case No. 18-KG 19-82.
5. Determination of the Constitutional Court of the Russian Federation dated October 2, 2019, No. 2653-O.
6. The Supreme Court has settled cases involving flooding of neighbors. To receive compensation, a flood victim will need to prove and substantiate in court the following: the fact of flooding, the source of the flooding, and the monetary equivalent of the damage caused.
7. Inheritance without marriage. Unmarried citizens have the right to inherit. Even in the absence of a will, it is possible to receive an inheritance without registering the marriage. However, proof of dependency will be required.
Ruling of the Civil Division of the Supreme Court of the Russian Federation No. 73-KG19-3 of April 23, 2019.
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