Konstantin Boytsov has explained to RBC+ recent legislative changes in the residential market

Konstantin Boytsov - Counsel

For RBC +, the Head of Real Estate and Construction practice at Maxima Legal, Konstantin Boytsov, explained key legislative changes regarding residential properties.

Only now in official documents a definition of apartments included in real estate. Previously, it was customary to call apartments non-residential premises, positioned as suitable for living. Legislative regulation went along with classifying apartments as types of hotels and defined them as “hotel rooms with a total area of at least 40m squared, consisting of two or more rooms with a kitchenette.” In addition, the document obliged the apartments to undergo mandatory classification with the assignment of a category – from “no stars” to “5 stars”. Leasing apartments without a certificate and advertising such activities can result in administrative liability, warns Konstantin Boytsov. Fines range from 30,000 roubles to 4% of annual revenue, in case of repeated violation, suspension of activity is also possible.

Another legislative amendment from 1 July 2019 included making apartments subject to rules on shared construction. Until July 1, developers could sell apartments without regard to the law. “Sales could be carried out before obtaining a building permit, the contract for the purchase of apartments was not subject to registration should not contain the mandatory conditions stipulated in federal law. As a result, there was no state control over the developer, and in the event of insolvency of the developer, the purchaser of non-residential premises became a lender with other ordinary creditors of the debtor”, Konstantin Boytsov explained. The rules for protecting equity holders and the use of escrow accounts now apply to the purchase of apartments. Developers need to conduct construction on credit funds in the framework of project financing.

To read the article in full (in Russian), please see RBC+ Petersburg issue No. 4 (18) September – November 2019 or RBC+’s website >>>