In its Letter the Ministry of Economic Development of Russia clarified that:
- the notarized consent of the other spouse is not required in order for a spouse to acquire ownership of the plot on which building owned by him/her is located;
- when a title/restriction/encumbrance arising on the basis of an act of a competent authority or transaction with a competent authority undergoes state registration, the authority acts as the representative of the person/entity in whose interests the registration is obtained. Accordingly, the person/entity is responsible for paying the registration duty, not the authority.
Ministry of Economic Development of Russia Letter No. OG-D23-3931 of April 5, 2017 “Regarding the Use of Information from the EGRN When Performing Cadastral Work and Entering Information on Previously Registered Real Estate Properties in the EGRN”
The question of whether to use an extract from the EGRN on a land plot or the cadastral map of a site, or a cadastral extract from the EGRN and a cadastral map of a site is resolved by the cadastral engineer based on the specific situation in which the cadastral work is being done.
Federal Tax Service of Russia Letter No. BS-4-21/7402@ of April 19, 2017 “On Calculating Land Tax if the Land Category and/or Permitted Use Type of a Land Plot Changes”
As a change in the category of land or its permitted use results in a change not only of the rate of land tax but also of the cadastral value, in its letter the Federal Tax Service set out guidelines for the tax authority in this instance:
a change in cadastral value that occurred in the current year as a result of land being transferred from one category to another, or a change of permitted use type may be taken into account starting from the next tax period;
when calculating the tax for a specific tax period the tax rate for the cadastral value based on the land category and/or permitted use type of the land plot as of January 1 of the tax period is used.
These rules apply to all cases where the permitted use type of a land plot changes in the course of the year, regardless of whether those changes were favorable or unfavorable to the taxpayer's situation.
Ministry of Economic Development of Russia Letter No. D23i-1881 of April 4, 2017 “Regarding the State Cadastral Inventory of an Immovable Property”
This Letter clarified some issues arising in the state registration of title to part of a real estate property. The following issues were considered, in particular:
- in the event of a change in the configuration and area of part of the premises, a new part of the premises is formed, information about which, including its designation, must be stated in the technical layout;
- cadastral inventory and state registration take place simultaneously, inter alia, in connection with the formation or termination of the existence of part of an immovable property affected by title restrictions and encumbrances of the relevant immovable property;
- in the event an encumbrance over part of an immovable property terminates, that part is generally removed from the cadastral inventory at the same time termination of the encumbrance is registered;
- other clarifications of a technical nature (how to complete and draw up an immovable property declaration, etc.).
Rosreestr Letter No. 14-04075-GE/17 of April 3, 2017 “On Terraced Houses”
This Letter clarified the procedure for forming a land plot under a terraced house and preparing the technical layout for such a house.
In particular, it is clarified that each unit of a terraced house should be situated on a separate land plot formed specifically for its use.
Ministry of Construction of Russia Letter No. 20993-KhM/09 of June 15, 2017 “On the Procedure for Applying the Provisions of the RF Town-Planning Code Regulating the Issuance of the Construction Permit”
The Ministry of Construction of Russia explained the new procedure for issuing construction permits.
According to the amendments made to the RF Town-Planning Code, the construction permit for a capital structure that is not a utility line confirms conformity of the design documentation to the requirements set forth, inter alia, in the site development plan/site survey plan.
The Ministry of Construction of Russia explained that when issuing a construction permit for a capital structure that is not a utility line conformity of the design documentation to the requirements of the site development plan/site survey plan is checked only if the capital structure is on a site slated for integrated and sustainable development, and also in the cases provided for by Article 41(3) of the RF Town-Planning Code.
Such clarifications are good news for those developers who were worried they would be bound by the requirements of "outdated" site development plan/site survey plan. However, they may not help some developers. For example, this may affect projects implemented in St. Petersburg if there are discrepancies between previously approved site development plans/site survey plans and amended land use and development rules.