A register of land users in Moscow: the pursuit of non-payers

Source: Consul Group

In Moscow, and not only in Moscow, there has for a long time been a problem with non-payment of rent for land plots on which non-residential premises are located. Many owners of apartments, offices and retail properties do not know that they are obliged to pay for the use of the land. Frequent changes in title to such properties make it harder for the authorities to recover the unpaid sums in good time.

How the authorities intend to deal with "non-payers"

A bill has been introduced in the State Duma on the creation of a register of land users. It will contain the details of those owners of real estate who use land without a lease having been concluded.

If the owner of premises does not pay for the use of the plot, the authorities will be able to recover the money without a court, by a notary's enforcement inscription.

A pilot project in Moscow

The register will at first be launched only in Moscow. That will make it possible to test how effective it is and, if necessary, to make changes.

The use of land plots on the territory of the Russian Federation is on a paid basis. There are exceptions, such as for the owners of residential and non-residential premises in an apartment building. If, however, a non-residential premises is located in a non-residential building, the owner of that premises is obliged to pay for the use of the land, either as land tax or as rent. Avoiding a lease with the authorities of the constituent entity does not mean that no obligation to pay arises. The obligation to pay arises by operation of law, comments Sergei Pivovarchik, managing partner of Consul Group.

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