Российская модель права застройки: в поисках оптимального решения

Цивилистика. 2020. Т. 4. № 4. С. 113–125.

Leontieva E.

In modern conditions of  Russian economy, the construction industry and its separate sub – sector – housing construction-need a reliable real right to land, which will protect the interests of the developer and reduce legal risks at the stage of construction of the property.

The property law of modern EU-сountries is distinguished by the possibility of a wide choice of legal grounds for housing ownership and use, flexible response to the dynamics of public relations. In Russia, improving housing affordability and increasing the average level of housing provision and creating a comfortable urban environment are key objectives of the housing development Strategy of the Russian Federation for the period up to 2025. Despite the fact that the population's need for housing has decreased by 1.4 times since 2003, more than 45% of Russian families still need to improve their housing conditions.

The solution of the problem became the main purpose of the building lease in the European legal systems of the first quarter of the XX century. In Russia, the institution of building lease has not previously been considered among the measures aimed at developing the affordable housing market. Therefore, among all the proposed novelties of property law included in draft No. 47538-6/5 "on amendments to part one of the Civil code of the Russian Federation", the right of development deserves special attention. At the same time, the ability of this legal structure (in the version proposed by draft law No. 47538-6/5) to solve the problems of modern construction relations in Russia raises reasonable doubts.

Keywords: право застройки, ограниченное вещное право, жилищное строительство, доступное жилье, реформа вещного права