Federal law dated 03.07.2016 № 315-FZ "On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation"

18 August 2016, Thursday

From 1 January 2017, except for provisions with other terms, shall enter into force on the Federal Law dated 03.07.2016 № 315-FZ "On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" (hereinafter - The federal law).

Federal law amended the Civil Code, the Town Planning Code, the Federal Law "On state registration of real estate", makes a definition of the concept of "parking space", especially established state registration of the property rights for "parking place".

So, to the premises intended to accommodation of vehicles of the buildings or facilities (parking places) are assigned to immovable property, if the boundaries of the premises, parts of buildings or structures are described in the procedure established by legislation of the state cadastral registration.

The Town Planning Code of the Russian Federation is supplemented by concept of "Parking space".

Innovations regulate the peculiarities of the state cadastre registration of rights in respect of parking places and the possibility of the co-ownership of the premises, buildings or structures designed to accommodation of vehicles, and stand out in the nature of its share and register ownership of the parking space.

Now, if the number of participants in the share ownership of the immovable property exceeds 20 people, instead of written notification to the owners of the remaining share the seller may communicate its intention on the official website of the registration body. This rule does not apply to the notice of sale of share in the common ownership of the premises.

In addition, amendments are made to the Federal Law "On Mortgage (mortgage)", according to which parking lots are included in the list of assets that can be pledged.

Changes also affected the calculation of interest on borrowed funds (Art. 395 of the Civil Code). For their calculation will apply the key rate of the Central Bank of the Russian Federation, not average rates on deposits of individuals, which change monthly.

Art. 317.1 of the Civil Code provides that interest can accrue only if it is expressly stated in the contract (previously had to be sure to specify in the contract that these percentages are not applied, otherwise it is necessary to pay for the use of money of the counterparty).

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