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It is planned to prohibit the alienation microdelay in a residential area

Legal aid 23.02.2019 at 13:37

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Existing civil and housing legislation does not prohibit to acquire (dispose of) any share in right of common share ownership of the dwelling, i.e. the so-called "microdose". The alienation of the "microdol" in favor of third parties in the living room the possession of a person with the intent to create intolerable living conditions for other owners. Legally other owners are not protected from abuse by the so-called housing of the raiders. However, the Draft Federal law "On amendments to article 30 of the LCD of the Russian Federation" it is planned to make changes. So, the Project of article 30 of the housing code be supplemented by the following paragraph: "1.1 Share in right of common ownership of the housing may be formed, and the existing share can be split apart if after the formation or splitting of the share of the total area of corresponding premises on one of the owner will be at least accounting norms. The provisions of this part do not apply in the cases of education or the division of shares in order to transfer family members of the owner of premises or persons recognized as family members of the owner of premises in the prescribed manner, as well as the emergence of common ownership of the dwelling as a result of privatization or inheritance of the dwelling or in other cases where the right of common ownership arises by operation of law."

the Explanatory note to the Draft States that the amendments to the other regulations is not required. However, a name change is contrary to article 209 of the civil code, that is, the right of the owner freely to dispose of their property. Thus, the Federal legislator is trying to protect bona fide owners of residential premises from the possible introduction of housing and the raiders.