Денис Фролов
partner BMS Law Firm
02.10.17
A bill by the Ministry of Economic Development on how to sell a delayed construction project

The draft law determines the point in time where a property arises in the legal meaning of it. And here a controversy occurs: on the one hand, it is considered to be completed when title to it is registered. On the other hand, as it is stated in another article, buildings and erections are formed upon completion of construction works. The two opposite rules create much confusion.

It is unclear to Denis Frolov, Partner, BMS Law Firm, when a construction property is considered to qualify as property. He suggests specifying clearly that a property comes into existence when its construction is completed (as it actually happens). And upon its state registration, legally significant actions may be carried out with such property, Frolov explains.