A new step towards combating "apartment raiding"

Abstract

The article is devoted to some problems of common ownership of residential premises, including: the emergence and turnover of "micro-shares", the abuse of the right by the owner of a small share and the "apartment raiding" associated with them. The author analyzes the current legislation and the practice of its application and comes to the conclusion that the reason for "apartment raiding" is the imperfection of the legislation governing the relationship of common ownership of residential premises, including the lack of norms that take into account the specifics of this type of property. The focus is on the recently introduced amendments to Article 30 of the Housing Code of the Russian Federation, which establish some restrictions on the formation of shares in the ownership right and transactions with them. Critical analysis of the norms of Part 1.1 of Art. 30 of the Housing Code of the Russian Federation shows the extremely low effectiveness of the legislative measures taken. Obviously, they will not stop the formation of shares and "micro-shares" in residential premises, since they do not affect the most common grounds for the emergence of shared ownership of residential premises. In addition, the size of the “micro-share” determined by law raises doubts.