Land registration entries include value, location, measurements of land sites and real properties fixed to them, and rights associated with the property. Statements in regard to registered land are issued locally where the land site is registered.
Referrals are not typical, thus there is no national MLS service. There are some local MLS’s in place that utilize the internet.
Russian Guild of Realtors (RGR)
14, block 1, Radio Street
Moscow
105005
Russia
Phone : +7 495 261 03 98
Fax : +7 495 261 96 80
e-mail : rgr@rgr.ru
Web : www.rgr.ru
The Russian Guild of Realtors RGR was founded in 1992 and has 60 regional chapters across Russia. Its mission is to facilitate the creation of uniform legislation throughout Russia, and the formation and regulation of the real estate market.
The Russian Society of Appraisers (RSA)
Novaya Basmannaya, 21-1
Moscow
107078
Russia
Phone : +7 495 267 4602
Fax : +7 495 267 5610
e-mail : mrsa@dol.ru
Web : www.mrsa.ru
Founded in 1993, The Russian Society of Appraisers (RSA) is a professional nonprofit organisation which incorporates 2500 appraisers from all Russian regions. RSA's structure has over 70 regional chapters. The primary goal of RSA is to assist appraisers of various property types and establish a civilized appraisal market in Russia.
Russian Federation law defines real property as immovable property, in other words, everything that is so tightly linked to the land that it cannot be moved without causing damaged to the property in question. Real property rights can be terminated pursuant to grounds and events stipulated by law. Grounds for termination include levy execution on land by court order, eminent domain, and the confiscation of land used in a manner violating land use laws. In the second and third cases sale would occur and transfer of proceeds given to the owner. In the case of eminent domain, the state will pay the owner for losses incurred, including the cost of property. New Russian Federation law is being drafted to create grounds for and procedure of nationalizing property.
In regards to foreigners, Russian Federation Law does not contain any restrictions from obtaining ownership rights in buildings, constructions, or other immovable property located on plots of land. Rights to foreign ownership are outlined in the Land Code. There is not an equality of rights between foreigners and citizens. Foreigners are only prohibited from holding plots of land in two cases: (1) in by-frontier territories and (2) and in other territories specifically outlined in Federation law.
Title & Contracts in Russia
Transfer of real estate shall be certified by a deed of conveyance. Adverse possession can be a means of acquiring real property rights given possession of said property openly, continuously, and in good faith for 15 years. Adversely acquired ownership rights to immovable property are subject to state registration. The fifteen year possession period can include occupation by persons whom the adverse possessor is legal successor to.
Ownership and other rights associated with real property must be registered in uniform state register maintained by juridical agencies. The right of ownership acquired or transferred occurs at the moment of registration. Failure to register real property rights and transactions generally invalidates transaction, particularly in the case of a mortgage. Non-registration will not void the transaction, but the contract will be deemed non-concluded.
Contracts for sale of real estate are governed by civil code. The contract shall be concluded in writing by drawing up one document and shall contain information identifying real estate subject to transfer and its price. Contract is deemed concluded upon signing. The contract is not subject to state registration. State registration is still necessary to transfer ownership rights.
Property Taxes:
Tax on Individuals' Property. - Tax is imposed pursuant to RF Law No. 2003-1 of 9 Dec. 1991 On Taxes on Individuals' Property (latest amendments of 17 July 1999). Tax is imposed on real property (dwelling houses, apartments and other buildings, premises and installments) and several types of transport facilities (aircraft, helicopters, motorships, yachts, motorboats and other air and hydro facilities except for oared boats). (Id., art. 2). Progressive tax scale imposed for real property, varying from 0.1 for property with assessed value up to 300,000 rubles (about 9,600 USD) to 2 for property with assessed value of more than 500,000 rubles (16,000 USD). All tax returns are paid in Rubles. Foreign legal entities without a permanent establishment in Russia are not liable to Russian profit tax. In such cases, rental income from letting a property located in Russia is normally subject to withholding a tax at a rate of 20% of the gross rent.
Tax on Land. - Tax is imposed pursuant to RF Law No. 1738-1 of 11 Oct. 1991 On Payment for Land (latest amendments of 30 Dec. 2001). Payers are legal persons and individuals - landowners, landholders or land tenants. Land renters pay rent instead of tax on land. (Id., art. 1). RF Law On Payment for Land (Schedules Nos. 1 and 2) provides for average land tax rates, specific rates of this tax set forth locally and depend on land location and quality and land area structure.
A mortgage is a pledge of immovable property. Russian law permits the mortgage of land, enterprises, buildings, and other immovable property. State, municipal, and agricultural lands are not mortgageable. Buildings and structures under common ownership with an associated plot of land may be mortgaged together, in the same instrument, with associated plot. A mortgage on only the plot of land will not encumber buildings residing on the land unless stipulated in the mortgage contract. Mortgage agreements must be notarized and registered with the state. Mortgaged property may not be sold without consent of mortgagee. Rights associated with the mortgage may be assigned by entering into agreement in simple written form, while naming the involved parties and delivery to the new holder. Mortgaged deeds may be pledged.
Administaror