Cadastral registration of land plots under apartment buildings as a guarantee of reducing the risk of conflicts over the use of such territories

Abstract

Due to the fact that the land plot under an apartment building with the objects located on it belongs to the owners of premises in this building on the basis of common shared ownership, questions arise regarding the moment and procedure for the emergence of ownership of the plot and the intersectoral legal regulation of these relations.  

According to the legislation, the ownership of the plot arises from the owners of the premises from the moment the land plot is put on the cadastral register.  

As part of the National Project "Housing and Urban Environment", the Federal project "Formation of a Comfortable Urban Environment" was approved, on the basis of which a methodology for the formation of an urban environment quality index was approved by an Act of the Government of the Russian Federation, including certain parameters for measuring the well-being of municipalities. One of the indicators for calculating the urban environment quality index is the share of apartment buildings located on land plots in respect of which the state cadastral registration has been carried out in the total number of apartment buildings. Allocation and consolidation in the cadastral registration of the boundaries of such land plots, reduces the risk of conflicts over the use of such territories.  

In the article, based on a comparative analysis of land, housing and other legislation, conclusions are drawn about the levels of risks that may arise in the implementation of cadastral registration of land plots under apartment buildings, and ways to overcome them.