RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of July 23, 2009 No. 64

About some questions of practice of consideration of disputes on the rights of owners of placements on common property of the building

Due to the questions which arose in court practice in case of the dispute resolution about the rights of owners of real estate objects (placements) on common property of the building or construction (further - the building) in which these objects are located, the Plenum of the Supreme Arbitration Court of the Russian Federation according to article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make to Arbitration Courts the following explanations.

1. By consideration of the disputes connected with determination of legal regime of common property of the building in which rooms belong on the property right to several persons to courts it is necessary to proceed from the following.

Regulation of the relations of owners of the rooms in the apartment house arising concerning common property is provided by Articles 289, 290 Civil codes of the Russian Federation (further - the Civil Code of the Russian Federation), article 36 of the Housing code of the Russian Federation. Besides, the relations of owners of rooms in any real estate objects which are created according to the procedure of shared-equity construction are directly settled by articles 1 and 16 of the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation".

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info