Lawyer Andrei Bezrogov about scams, redevelopment of apartments and other issues faced by owners of real estate
What constitutes luxury real estate from the point of view of legal practice and the challenges that often arise from its owners. The Portal “Elite.RU” has talked on this subject with attorney Andrew Bezryadin.
– Buying luxury property, you should pay attention to its future owner?
– First, to its owner. Property of this kind is acquired, as a rule, businessmen and officials. Much less frequently, representatives of creative and intellectual elite. In order to avoid undue attention the tax and other state authorities are often expensive objects are made to relatives or other persons “inner circle.” In such cases, a party to the contract will be not a well-known person, and the real owner of the property. Often it is for this reason that conflicts arise in the future.
It is logical that it ends these wars of succession
For example, in the case of a death, especially unexpected, of the businessman of real estate can remain in her formal owner. By the way, this applies not only to real estate but also other assets. The General theme of inheritance was elite real estate is quite difficult. As practice shows, often concerning real estate wealthy businessman or official claims not only his relatives, but also common-law wife together with children born out of wedlock. It is logical that it ends these wars of succession.
Scam attracts expensive property?
– Attracts, but rarely. Crooks prefer to specialize in “economy” apartments that are owned by socially vulnerable and absolutely legally illiterate citizens. With “elitki” they prefer not to, as its owners often people uneasy and have all the resources in order to give a competent response.
– What problems still especially familiar to owners of expensive real estate?
– Quite often there are legal disputes on the basis of reconstruction and replanning in the secondary market of elite housing. Rather, it is affected by the scale of the changes. If the housing economy class, the owner is often limited to an increase in the area due to the balcony or alteration of communications in the bathroom, in the expensive segments, the situation is different.
One of the known cases can be called a initiated Ksenia Sobchak process
In the elite apartments are not always legally equip winter gardens, attics and even swimming pools. Transferred to non-residential premises with the purpose to furnish an office or Studio. And these innovations are threatening the destruction of the walls, silicium downstream of the flats, etc. Conflicts with neighbors in such cases is inevitable. One of the known cases can be called a initiated Ksenia Sobchak process. She tried to get the neighbors to let their apartments of employees of gas service, as planned to change the location of the gas supply in the house. The tenants argued their opposition to the constitutional right to inviolability of the home and won the case.
– What else should pay attention to the potential owner of the “Golden m”?
Of course, the price of real estate affects the size of the paid tax, and utility services. And, if the amount of the tax, the owner will know immediately the amount of the cost of utilities and maintenance services sometimes come as a surprise. However, with the purchase of second homes to assess the scale of a “disaster” is still possible. The primary of such an opportunity often does not.
On average, expenditure on housing will be $ 30,000 per year or more
On the other hand, the buyer of real estate should understand that his monthly expenses will be significantly different from the costs of these services in standard apartment buildings. In addition to the basic costs, the preferred owner pays for the Concierge service (which should be distinguished from the usual janitor), security, cleaning, round-the-clock technical support, etc. In many of these houses have gyms and swimming pools that will also have to pay. On average, the cost of utilities will make 30,000 dollars a year or more.
And all pay?
– Not all. First of all, the financial crisis has affected the purchasing power not only ordinary but also the wealthy. The budgets for the purchase of housing declined two or more times. Thus, according to statistics, the owners and tenants of housing economy and business class are more disciplined in terms of payment than owners of real estate. If the number of defaulters among the first is around 5%, while among the latter this figure reaches 15%.
– What is the rationale behind refusing to pay for services?
– There are several reasons. Someone just careless about paying your bills. Some cite the absence of the city because of business trips, tours, and more. A special case is purchasing the property for investment purposes. More than a third of these owners are trying to avoid payment, arguing that it does not reside in the house. If the apartment is bought in the primary market, the course is also a refusal to sign documents on the adoption of the housing operation. In some cases, the debts on these apartments reach tens of thousands of dollars and above.
