Ownership Structure in the Building: History, Current Legislation and Possibilities for its Reform
- Authors: Alekseev V.1
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Affiliations:
- Saint Petersburg State University
- Issue: Vol 17, No 3 (2024)
- Pages: 106-132
- Section: Russian Law: Condition, Perspectives, Commentaries
- URL: https://journal-vniispk.ru/2072-8166/article/view/295297
- DOI: https://doi.org/10.17323/2072-8166.2024.3.106.132
- ID: 295297
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Abstract
The first part of the article is devoted to the analysis of the history of development of legal regulation of the ownership structure in houses divided in negotiable premises. The current concept of the legal divisibility of the building into premises and its relationship with the theoretically justified recognition of the building as an indivisible immovable thing is considered. Referring to the latest changes in the norms of the Civil Code of the Russian Federation on real estate, the author states the establishment of a unified regulation of the issues of the ownership structure in any building (structure) in § 2 Chapter 16 and Art. 287.5 of the Code, but comes to the conclusion that it is most likely impossible to refuse to apply, by analogy, some rules on the legal regime of apartment buildings to other buildings divided into premises. The signs of a “divisible building” are analyzed, which, under the new legislation, act as the basis for applying the regime of shared ownership of a special kind to the common property of the building (§ 2 Chapter 16 of the Code). Noting a certain crisis in the development of legislation in the field of ownership structure in buildings divided into negotiable parts, the author proposes to return to the possibility of considering a building as an indivisible real estate object and gives an argument justifying the expediency of this decision.
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