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 Land plots

Except for land plots listed in

Art. 63 FL “ ON Mortgage”

Enterprises, buildings, structures and other real estate

Used in the course of business activity

Residential houses, apartments and parts of residential houses and apartments

Consisting of one or several isolated rooms

Summer cottage houses, garden cottages, garages and other structures

For consumer use

Common restrictions: Buildings, including residential houses and other structures and facilities directly connected with land may be the subject of mortgage, provided that the rules fixed by art. 69 FL “On Mortgage”

Unfinished construction of real estate

Being erected on a land plot allotted for construction in the procedure established by the legislation of the RF

A thing with accessories

Regarded as mortgaged in complex with its accessories, unless otherwise follows from the mortgage agreement ( art. 135 of the Civil Code of the RF)

Indivisible thing

Part of property, which cannot be divided in kind than through impairing its main purpose cannot be an independent subject of mortgage

Lease rights

Rules on mortgage of real estate shall consequently be applied to rights of a lessee under an agreement on lease of such property, because the opposite is not stipulated by the federal law and this is not at variance with the nature of lese relation

Aircraft, sea ships, inland vessels and space objects

Subjects of state registrations

In the case of mortgage of the right of rent of real estate the rules , which regulate mortgage of the property, which is let out on lease, are used.

The mortgage of land, enterprises, living houses, apartments has its own peculiarities.

Mortgage holder in accordance with the mortgage agreement of land and in accordance with the mortgage agreement of pledge on land can be the bank, which has the license from the Central Bank of Russian Federation on realization of mortgage operations. In this case the estimation of land cannot be established in the pledge less than its normative price.

The normative price for land – is a special type of payment for land. The price represents the index which characterizes the value of the land of definite quality and location, proceeding from potential income for the calculated time of recoupment. The normative price for land is used in the case of purchase and repayment of land, in the case of transmission of the land in property, in accordance with inheritance , donation, and also in the case of receipt as a collateral of banking credit.

It is necessary, however, to take into consideration, that neither home experience nor experience of foreign countries of determination of land price in the modern Russian conditions can provide strict and reliable result.


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