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The search for the best solutions

The search for the best solutions

The issues of creation and operation of autonomous cities, the search for the new resources and the ways to improve the efficiency of use of the available resources for them were among the most widely discussed at the Exposition. The many acute matters of public-private partnership were voiced in the course of the discussion of construction projects in Russia. Also in the course of the MIPIM round tables, we most frequently exchanged opinions on general and specific problems of investments in the real estate markets of Russia, America, Europe and the East.

From the legal point of view, the following legislative changes that materially affect the Russian real estate market should be pointed out among the main trends and tendencies on the market of realty:

A new type of real estate was established on October 1st of 2013 – the single immovable complex;

The transfer to the cadaster value in the taxation of the property of organizations concerning separate immovable property objects since January 1st of 2014;

The procedure of compensation of damages caused as a result of destruction or damage to capital construction objects has changed. The duty to recompense the damages and to pay compensation in excess of the damages is borne in certain cases by the concessionary, the developer or the technical client. Joint liability of the surveyors, designers, builders, their autonomous organizations is introduced;

Land use and development rights are now mandatory basic documents for city construction; the simplified procedure of taking of land plots in the territories incorporated into Moscow has entered into force.

In order to legally establish the PPP mechanisms, to eliminate the existing limitations that arise in the process of implementation of major infrastructure projects with the participation of private funds and to expand the forms of implementation of said projects, the following draft laws were submitted to the State Duma: the draft law “On the basics of public-private partnership in the Russian Federation” and the draft law “On amendments to the Federal Law “On concession agreements” and certain legal acts of the Russian Federation (in the part of expansion of the sphere of application of concession agreements and creation of favorable conditions for attracting private investments)”.

In particular, provisions were included that enable transfer of the property title to the subject of the PPP agreement from one its party to the other. It is also suggested to enlarge the sphere of application of the concession mechanisms (to make the list of concession agreement objects open). Currently a concession agreement may only be executed concerning the objects listed in the law, which means that the list is closed.

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