For any real estate. How to define movable and immovable property? Clarified the procedure for classifying fixed assets as movable and immovable property

The objects of civil legal relations (civil rights) are considered to be the good about which they are formed, or what the subjective rights and obligations of its participants are aimed at.
The most common objects are things that are classified as movable and immovable.
As a rule, immovable things are constantly in the same place, have individual characteristics and are irreplaceable. Movable things can move freely with the persons to whom they belong, can be individually defined or generic, and, as a rule, are interchangeable.

Signs not movable property

Speaking about the special legal regime of real estate (real estate), in the legal literature, the following features are called:
it is a thing, an object of the material world. Of this property of real estate, one can also distinguish such as: "immovable property is more important than movable", which has a greater value, this is "property that has dominion over movable", "related to movable as the main thing";
individually defined property;
irreplaceable property;
having a strong connection with the land, the movement of which is impossible without disproportionate damage to its purpose, or referred to as such by a legislative act.
To real estate in accordance with paragraph 1 of Art. 130 of the Civil Code Russian Federation relate:
objects of natural origin - land plots, subsoil plots. A land plot is a part of the earth's surface (including the surface soil layer), the boundaries of which are described and certified in accordance with the established procedure (clause 2 of article 6 Land Code Russian Federation).
Land and other natural resources may be alienated or transferred from one person to another in other ways to the extent that their circulation is allowed by the laws on land and others. natural resources... Property relations on the ownership, use and disposal of land plots, as well as on transactions with them, are regulated by civil legislation, unless otherwise provided by land, forest, water legislation, subsoil legislation, protection environment, special federal laws (clause 3, article 3 of the Land Code of the Russian Federation).
The bowels are part of the earth's crust located below the soil layer, and in its absence, below the earth's surface and the bottom of reservoirs and watercourses, extending to depths available for geological study and development. The subsoil within the boundaries of the territory of the Russian Federation, including the underground space and the minerals, energy and other resources contained in the subsoil, are state property. The issues of ownership, use and disposal of subsoil are under the joint jurisdiction of the Russian Federation and the constituent entities of the Federation.
Subsoil plots may not be the subject of purchase, sale, donation, inheritance, deposit, pledge, or alienated in any other form. Subsoil use rights may be alienated or transferred from one person to another to the extent that their circulation is permitted by federal laws.
Subsoil is provided for use for geological exploration, exploration and production of minerals, construction and operation of underground facilities, etc. (Article 6 of the Law of the Russian Federation of 21.02.92 No. 2395-1 "On Subsoil");
everything that is firmly connected with the land - buildings, structures, objects of unfinished construction, forest areas, i.e. plots of land, the boundaries of which were determined in the process of forest management and passed the state cadastral registration, the movement of which is impossible without disproportionate damage to their purpose. These objects are considered real estate as long as they are associated with land. Separated from her, they become movable things.
objects that are recognized as real estate not because of their natural properties, but for other reasons. In particular, real estate is considered to be subject to state registration air and sea vessels, inland navigation vessels and space objects (artificial satellites, spaceships, orbital stations, etc.).
In accordance with Art. 7 of the Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81-FZ, a ship is understood as a self-propelled or non-self-propelled floating structure used for merchant shipping. Fishing fleet vessels are understood to be vessels serving the fishing complex used for fishing, as well as receiving and transport vessels, auxiliary vessels and special-purpose vessels.
Under the aircraft, according to Art. 32 of the Air Code of the Russian Federation dated 03.19.97 No. 60-FZ, it is understood an aircraft supported in the atmosphere due to interaction with air, which is different from interaction with air reflected from the surface of the earth or water.
These objects are not only capable of spatial movement without any damage to their purpose, but are also specially designed for this. Recognition of their real estate is due to high cost of these objects and the related need for increased reliability of the rules for their civil turnover.
Contained in paragraph 1 of Art. 130 of the Civil Code of the Russian Federation, the list of immovable things is not exhaustive, since other property can also be recognized by law. So, according to Art. 132 of the Civil Code of the Russian Federation, a special real estate object is an enterprise as a property complex used for entrepreneurial activity, which can be an independent subject of purchase and sale, lease, pledge and other transactions. The main feature of an enterprise as an object of rights is that it includes all property intended for entrepreneurial activity. In this case, the concept of "property" is interpreted in the broadest sense, i.e. includes not only things (land, buildings, structures, equipment, etc.), but also rights of claim, as well as debts. Along with the property, the company includes exclusive rights, in particular the rights to designations that individualize the company and its products. However, this is only general rule, since by law or by a specific agreement, certain types of property or rights (obligations) may be excluded from the structure of the enterprise.
In accordance with Art. 1 of the Federal Law of 21.07.97 No. 122-FZ "On state registration of rights to real estate and transactions with it" real estate includes separate residential and non-residential premises. A dwelling is an isolated space that is immovable property and suitable for permanent residence citizens who meet the established sanitary, fire safety, urban planning and technical requirements (part 2 of article 15 of the Housing Code of the Russian Federation).
Non-residential premises are premises not intended for citizens' residence. Depending on the functional purpose non-residential premises are industrial, administrative (office), trade, warehouse, etc. Non-residential premises can consist of one or several (many) rooms.

Types of movable property

Clause 2 of Art. 130 of the Civil Code of the Russian Federation, all things are classified as movable property, including money and securities that are not real estate. By general rule rights to movable property are not subject to registration, unless otherwise provided by law.
The law may establish the state registration of transactions with certain types of movable things (clause 2 of article 164 of the Civil Code of the Russian Federation), for example, with some things restricted in circulation. In this case, it has legal significance and affects the validity of the relevant transactions. It should also not be confused with the technical registration of certain movable things, such as motor vehicles or small arms, with the relevant internal affairs bodies. Such registration can only affect the exercise of civil rights, but not their occurrence, change or termination.
From an economic point of view, money is a special commodity that is a universal equivalent. Money is recognized as a right thing, i.e. an object of the material world, designed to satisfy certain needs and can be in the possession of a person.
Money can be an independent (only) object of a legal relationship (for example, a loan agreement). Money acts as a means of payment in a number of legal relations (purchase and sale, transportation, in a row), i.e. are the equivalent object of the corresponding relationship.
Payments are made by cash and non-cash payments (paragraph 2, clause 1, article 140 of the Civil Code of the Russian Federation).
According to paragraph 1 of Article 142 of the Civil Code of the Russian Federation, a security is a document certifying in compliance with the established form and required details property rights, the implementation or transfer of which is possible only upon presentation. At the same time, the security remains property, a thing, regardless of the choice of the method of fixing rights from it. For any security with any form of fixing rights from it, the general norms of civil turnover established for property, for things, apply.
In paragraph 2 of Art. 144 of the Civil Code of the Russian Federation, it is noted that the absence of mandatory requisites of a security or non-compliance of a security with the form established for it entails its nullity.
The security belongs to the category of movable things and certifies the rights of obligation. A security is such only in cases determined by law. So, in Art. 143 of the Civil Code of the Russian Federation indicates some types of securities.
Government bonds are named first. According to Art. 816 of the Civil Code of the Russian Federation, a bond is a security that certifies the right of its holder to receive the par value of the bond or other property equivalent from the person who issued the bond within the period specified by it. A bond also grants its holder the right to receive a fixed percentage of the bond's par value or other property rights.
The concept of a bill is enshrined in Part 1 of Art. 815 of the Civil Code of the Russian Federation, it is recognized as a security that certifies the unconditional obligation of the drawer (promissory note) or another payer (bill of exchange) specified in the bill of exchange to pay a certain amount to the owner of the bill (bill holder) upon the onset of the deadline provided for by the bill. A bill of exchange is an unconditional, abstract, strictly formal obligation or order to pay a certain amount of money.
A check as a type of security is defined in Art. 877 of the Civil Code of the Russian Federation, according to which it is recognized as a security containing an unconditional order of the drawer to the bank to make a payment of the amount specified in it to the check holder. Only the bank where the drawer has funds that he has the right to dispose of by issuing checks can be indicated as the payer for a check. The drawer is a person (legal or natural) who has funds in the bank, which he has the right to dispose of by issuing checks; check holder - a person (legal or natural) in whose favor the check was issued; payer - the bank in which the drawer's funds are located.
According to Art. 844 of the Civil Code of the Russian Federation, certificates of deposit and savings are securities certifying the amount of the deposit made to the bank and the rights of the depositor (holder of the certificate) to receive the deposit amount and the interest specified in the certificate at the bank that issued the certificate, or at any branch after a specified period. of this bank. In case of early presentation of a savings (deposit) certificate for payment, the bank pays the amount of the deposit and interest on demand deposits, unless a different amount of interest is established by the terms of the certificate.
Bearer savings book, according to Art. 843 of the Civil Code of the Russian Federation, in contrast to the nominal savings book, is a security. Issuance of a deposit, payment of interest on it and execution of the depositor's instructions on transfer Money from the account on the deposit to other persons are carried out by the bank upon presentation of the savings book.
The bill of lading performs several functions simultaneously in accordance with the norms of the Merchant Shipping Code of the Russian Federation:
confirms the acceptance of the cargo by the carrier (acceptance certificate);
confirms the existence of a contractual relationship between the shipper and the carrier (contract of carriage by sea);
confirms the relevant property rights to the cargo transferred to the carrier (title of title).
Unlike other securities, a bill of lading can be issued in several copies (originals), each of which indicates the number of original bill of lading available. After the delivery of the goods on the basis of the first of the presented originals of the bill of lading, the rest of its originals become invalid.
A share is an equity security securing the rights of its owner (shareholder) to receive part of the profit joint stock company in the form of dividends, for participation in the management of the joint-stock company and for part of the property remaining after its liquidation. A share is a registered security. Shares may be issued only by joint stock companies, both closed and open. Shares can be classified on different grounds, for example, shares are divided into ordinary and preferred.
The list of securities given in Art. 143 of the Civil Code of the Russian Federation, is not exhaustive. Other types of securities are determined by federal laws.

Differences between movable and immovable property

The legal significance of the division of things into movable and immovable is associated with the establishment of a different legal regime respectively for immovable and movable property according to the following criteria:
alienation and acquisition of immovable property is associated with the need for state registration of transactions with immovable property (Articles 164, 223 of the Civil Code of the Russian Federation), available for review by third parties. State registration of transactions with movable things is carried out only in cases specially specified in the law;
provides for a different procedure for acquiring ownership of immovable and movable ownerless things (Article 225 of the Civil Code of the Russian Federation) and things that the owner refused (Article 226 of the Civil Code of the Russian Federation);
a mortgage can be established only in relation to immovable things (Article 338 of the Civil Code of the Russian Federation);
inheritance of immovable things and their legal regime are determined according to the norms of law in force in the place of their location, movable things (in case of inheritance) - according to the norms of law in force in the last permanent place of residence of the inheritor;
disputes about ownership and other property rights to immovable things are considered at the location of immovable things (Article 30 of the Civil Procedure Code of the Russian Federation), disputes about similar rights to movable things - at the location of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation), and in the cases specified in the law - in a place determined at the choice of the plaintiff (Article 29 of the Code of Civil Procedure of the Russian Federation).

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We live in the material world, surrounded by many things, often without thinking that they are connected with certain property relations. Each of us is the owner, and has the right to sell, donate, bequeath his property. However, property rights differ from each other. For example, to become the owner of an apartment, it is not enough just to buy it from someone:

• you need to register your rights in government bodies;
• draw up cadastral documents;
• pay property tax annually.

At the same time, the purchase of movable property is easier, except in some cases. To understand these intricacies, you must first understand what movable and real estate.

Real estate and movable property - what is it?

Definitions of various types of property and things are given in Ch. 6 - 7 of the Civil Code of the Russian Federation.

What applies to real estate

Private institutions (h / y), budgetary (second-hand) and autonomous (a / y) do not have the right to dispose of especially valuable movable property (sell it, mortgage, donate, lease, exchange for something else) without the consent of its owner, who acquired the CCDI at his own expense or presented it for the use of the institution.

In addition, the same prohibition for used and a / y applies to real estate.

Money is generic consumables

This is far from the only property classification. There are individually defined and generic, consumable and non-consumable things.

• Individually defined (interchangeable) things include works of art, one of a kind: paintings, sculptures by renowned masters, unique antiques, rare editions. They cannot be replaced with others. If an individually defined thing dies, then all obligations to transfer it to the creditor cease, since it is impossible to fulfill them.
• Generic things are interchangeable and non-unique, they belong to a certain type (genus), have a dimension, weight, number: for example, a car, a motorcycle of a particular brand. If they are lost, the debtor's obligations do not stop, since things can be replaced with other similar ones.
• Consumed items have a short lifespan and can only be used once. These are food, chemicals, pyrotechnics, building materials, etc.
• Non-consumable things, although not eternal, but they have a long period of use: vehicles, computers, phones, construction tools, equipment, furniture, etc.

Money is considered generic consumable (replaceable) things and the main measurement of value, since any thing can be exchanged for it.

Knowledge of the basics Russian legislation is mandatory not only for lawyers carrying out transactions of this kind, but also for any citizen who owns any property. Since the relationship of the owner with the state, tax authorities and buyers are regulated by different legislation depending on the belonging of the object to movable or immovable property, the ability to distinguish between their types is necessary. To understand what belongs to real estate, it is necessary to determine the main characteristics of objects in this category.

Basic properties of real estate

The Civil Code of the Russian Federation, regulating property relations, provides for the division of property objects (whether state or personal) into two large categories: movable and. The differences between these types are as follows:

1. Real estate, unlike movable property, cannot be moved in space without violating its integrity or functional component. The transfer of real estate objects is associated with huge material costs and does not guarantee the safety of the properties of the object as a result of the actions performed.
2. Real estate has a sign of uniqueness, that is, it is impossible to replace a real estate object with an absolutely identical one that has the same properties. While movable property is easily replaceable, since it does not exist in a single copy.

All the listed differences are rather vague and do not give a clear understanding of the basis of object classification. It is because of this that in legal practice there are special cases when it is rather problematic to determine what type of property belongs to. Some things that do not have signs of real estate, however, can legally be attributed to it to facilitate the actions of state registration, accounting and control of transactions with expensive objects.

In most sources, several additional features are highlighted that characterize real estate objects:

• real estate has a territorial reference (that is, it is located on a certain land plot or under it);
• for real estate it is allowed to conclude lease, sale, long-term mortgage lending agreements;
• this type of property implies the possibility of living or doing business, and also allows the owner to receive direct or indirect income from actions with it;
• as a rule, the intended use of real estate objects assumes a long-term perspective (in other words, it is under construction and the service life is designed for a long time).

What applies to real estate

In accordance with article No.130 of the Civil Code of the Russian Federation, the following can be attributed to real estate objects:

1. First of all, this and everything that is connected with them (buildings, structures, premises, objects of unfinished construction located on them; the contents of the earth's interior: minerals, underground sources, geysers, mines, mines, etc.). That is, such property, the movement of which is impossible, or will entail disproportionate costs and damage its functionality.
2. Objects capital construction related to residential and non-residential stock. Residential and commercial real estate is divided in this category. Residential buildings include all buildings that presuppose conditions for long-term living of people: one-story and multi-story buildings, apartments, rooms, cottages, etc. Commercial real estate is considered to be non-residential buildings that bring direct or create conditions for obtaining indirect income. These include shopping centers, hotels, parking lots and parking lots, office buildings, industrial complexes, workshops and factories.
3. Large aircraft, river and sea vessels, as well as space objects (space stations, satellites, rockets). Despite the lack of reference to land, these types of property belong to the category of real estate and require state registration.
4. Engineering Communication. IN a separate category real estate engineering communications were issued by the Decree of the Government of the Russian Federation "On state technical. Accounting and Inventory of Urban Development Objects ”in 2000. On the basis of this legislative act, the owners of any structures equipped with heating, electricity, gas and water pipelines, as well as possessing objects for economic purposes included in the list of utilities (reclamation stations, water wells, transformer substations), are obliged to separately register them with Rosreestr and obtain ownership.

What is the difference between owning different types of property

According to the Civil Code, movable property means everything that is not included in the concept of real estate. This also includes money and securities. Differences in the ownership of movable and immovable property consist in the procedure for registering property rights and legal nuances when making transactions with objects of various types.

Russian legislation provides for more stringent requirements for real estate transactions, and in some cases imposes a ban on their implementation (for example, when a building is recognized as an architectural monument or is encumbered - under arrest, in a mortgage, etc.).

As a rule, the registration of ownership of real estate requires mandatory state registration, which includes the receipt of plans, schemes, cadastral and technical data sheets, while for movable property of this kind, documentation is not required. In addition, there are significant differences in the taxation system for various categories of property for both individuals and legal entities.

Why know the classification of objects of property relations

As mentioned earlier, knowledge of the basics of legal legislation in the field property relations will allow you to avoid many problems when making various kinds of transactions, paying taxes, donating, leasing, dividing property in the event of a divorce.

The state strictly controls all legal aspects related to real estate. This is largely due to the fact that the real estate of individuals and legal entities has many points of contact with state property. There are significant differences in the process of circulation of movable and immovable property:

• The type of property in respect of which the parties enter into a transaction directly affects the type of civil contract used. (For example, a real estate donation agreement must be registered and drawn up with government agencies, while the donation of movable property can be carried out orally or in simple written form).
• If a individual owns part of the joint property, then the law stipulates his right to advantage in the redemption of other shares. A certain period is established for different categories of property. For real estate - 30 days from the moment of notification of sale, for movable property - 10 days.
• In the process of litigation, the outcome of the process may depend on what type of property the disputed structure will be assigned to. For example, if the controversial object is a fence (an extension, a garage), then recognizing it as immovable property (that is, endowed with the property of a strong connection with the land), it will not be possible to demolish the object without causing significant damage to its integrity and functionality. Otherwise (if this is movable property), problems will arise when trying to legitimize the object, and the court may also decide to transfer (demolish) the controversial structure.
• Real estate recognition will have a different meaning illegal construction(trade pavilion, garage). In this case, the court may oblige the owner to demolish this structure within the time frame established by law. (It is important to know that an unauthorized construction is considered only an object that has signs corresponding to real estate).
• To complete any transaction (sale, exchange, donation) with real estate shared by the spouses, it is necessary to have a notarized consent of the other half. In transactions with movable property, such a requirement is not put forward.
• For entrepreneurs essential has a definition of the status of property, since real estate is not subject to the exemption provided by the legislation when calculating the tax on property of enterprises.

The examples considered constitute only a small part of the differences that are characteristic of actions with different categories property. All the intricacies of the legislation are known only to practicing lawyers, however, to have an idea of ​​what kind of property is in personal possession does not prevent each owner.

Immovable things include (clause 1 of article 130 of the Civil Code of the Russian Federation):

• land;
• subsoil plots;
• building;
• construction in progress;
• residential and non-residential premises;
• parking spaces;
• aircraft, etc.

The list is not closed, real estate may also include other things with corresponding signs.

The legal literature lists such signs of real estate as:

• his materiality;
• individual certainty;
• satisfaction of any human needs;
• irreplaceable;
• the presence of state registration in relation to this property.

In paragraph 1 of Art. 130 of the Civil Code of the Russian Federation contains the wording "the impossibility of moving objects without disproportionate damage to their purpose." This can also be attributed to the signs of real estate, although there is controversy among legal scholars regarding this statement.

For example, Professor E. A. Sukhanov argues that real estate is a legal and not a physical category. Since modern technology will be able to move almost any object, including the land itself, but an unauthorized building that does not have state registration cannot be an object of civil legal relations by virtue of Art. 222 of the Civil Code of the Russian Federation.

The second wording is a sign of real estate from Art. 130 of the Civil Code of the Russian Federation is its inextricable connection with the land. Note that such a connection means both physical and legal.

Types of real estate according to the Civil Code of the Russian Federation

So, in Art. 130 of the Civil Code of the Russian Federation contains the concept and types of real estate. The latter can be classified as follows:

1. Real estate by nature. This classification is based on the actual criterion - a close connection with the land. This includes land plots residential buildings, buildings, forests, isolated water bodies, parking spaces (the last - from July 2016), etc.
2. Real estate by virtue of the law. Objects movable in a natural physical sense, but considered immovable by virtue of a special instruction of the law. These are aircrafts, sea vessels, inland navigation vessels, space objects.

In foreign law, the concept of real estate is somewhat different from the domestic one.

So, in Germany (a country of the same legal family as Russia), real estate includes:

• land;
• rights related to the ownership of a land plot.

Apartments, houses, etc. are not considered real estate in German law.

Legal regime of land plots

The land plot is the first in the list of real estate objects and, perhaps, the most important of all the others listed. Clause 3 of Art. 6 of the Land Code of the Russian Federation.

The legal regime of land (content of rights to a land plot) is established depending on:

1. From the type of property: it can belong to the state (RF, subject, municipality), legal entity, citizen.
2. Purpose, determined in accordance with Art. 7 of the Land Code of the Russian Federation: land settlements, forest, water resources, etc.

1. The type of permitted use established by the classifier (is an appendix to the order of the Ministry of Economic Development of Russia dated 01.09.2014 No. 540).

A separate material can be devoted to the peculiarities of a land plot as an object, since they are extremely diverse and are established not only by the RF LC, but also by special federal laws (for example, the laws "On the turnover of agricultural land" dated 07.24.2002 No. 101-FZ, "On seaports in the Russian Federation ... "dated 08.11.2007 No. 261-FZ), as well as regional laws.

What is residential property

In par. 3 p. 1 of Art. 130 of the Civil Code of the Russian Federation contains the wording "real estate includes residential and non-residential premises ...".

What is a living space, you can find out from Part 2 of Art. 15 of the Housing Code of the Russian Federation: this is an isolated room suitable for permanent residence.

Suitability for permanent residence, as indicated in the same standard, is determined by compliance with sanitary and technical standards and other legal requirements.

What can be a living quarters (Article 16 of the LC RF):

• residential building or part of it;
• apartment or part of it;
• room.

There is no legal definition of the concept of "non-residential premises", but, obviously, that is the opposite of a residential premises - not suitable for permanent residence, not a residential building, not an apartment or a room.

Enterprise as a real estate object

Consider separately such a property as an enterprise.

The concept of "enterprise" in the current legislation is used both as a subject of civil law and as an object:

1. An enterprise (subject of civil law) is entity, the rights and obligations of which are established in paragraph 4 of Chapter 4 of the Civil Code of the Russian Federation.
2. An enterprise (GP object) is a property complex (building, land plots, equipment, inventory, trademark, right of claim, clientele, etc.) used for entrepreneurial activity (Article 132 of the Civil Code of the Russian Federation).

As a property complex, an enterprise is considered real estate.

An enterprise can be the object of any transactions both in the form of a whole property complex, and in its part.

An enterprise may not own real estate by nature, but only have rights, obligations and other intangible objects. But it will still be considered real estate by virtue of the direct instructions of the law.

Is a condominium real estate?

The concept of a condominium was contained in the law "On partnerships ..." dated 15.06.1996 No. 72-FZ. It was understood as a single complex of real estate, which includes a land plot and a building standing on it, some parts of which are owned by citizens (organizations, etc.), and common property- in common shared ownership.

This law has lost its force, and the current Housing Code of the Russian Federation does not contain the concept of a condominium.

However, in jurisprudence the term "condominium" continues to be used now, in the same meaning as contained in the expired Law No. 72-FZ, - a single complex of real estate (see, for example, the decision of the Royal City Court of the Moscow Region of December 20, 2017 in case No. 2 -3428/2017).

Single real estate complex: concept and features

A relatively new concept that appeared in the Civil Code of the Russian Federation is a unified real estate complex (UNC). This is a set of buildings, structures and other things, united by a single purpose and physically (technologically) interconnected.

Examples include:

• network objects ( railways, which include tracks, turnouts, platforms; sewer networks, including pumping stations and pipelines, etc.);
• gas stations (including buildings, sheds, fuel tanks).

The combination of all these things is considered one unit of real estate (Art. 133.1 of the Civil Code of the Russian Federation).

Parts of the Eurasian National Commission may be located on different land plots, and this cannot be a reason for the FTS to refuse to register real estate (clause 39 of the PPVS RF of 23.06.2015 No. 25).

The provisions of Art. 133 of the Civil Code of the Russian Federation - rules on indivisible things. Therefore, its constituent parts are not independent real estate objects (clause 1 of Review No. 4, approved by the Presidium of the RF Armed Forces on 20.12.2016), and they cannot be an independent object of civil legal relations until the law or the court establishes the possibility of separating them from the constituent part ( Clause 3 of Article 133 of the Civil Code of the Russian Federation).

State registration of rights to real estate

A feature of the legal regime of immovable things is their mandatory state registration.

The procedure for such registration is established for a particular type or immediately for a group of real estate objects.

For example, according to Part 6 of Art. 1 of the Law "On State Registration ..." dated July 13, 2015 No. 218-FZ, state registration is subject to ownership and other property rights to real estate, as well as transactions with it. This law regulates relations with regard to real estate by nature (this, recall, plots, buildings, parking lots, etc.).

Another example is Part 3 of Art. 1 of the Law "On State Registration ..." dated March 14, 2009 No. 31-FZ, according to which the only proof of the existence of the right to an aircraft is the presence of state registration of rights to it. This law applies only to aircraft, unmanned and manned civilian ships, as well as state courts used for commerce.

Thus, state registration of rights to real estate is a mandatory element. In his absence, real estate ceases to be real estate.

Properties of immovable things as economic objects

Real estate can be considered not only as an object of civil rights, but also as an economic unit, a commodity. In this case, it is characterized by:

• high cost;
• limited quantity;
• the role of investment, i.e. a potential source of income;
• uniqueness - the possession of individual characteristics;
• the presence of maintenance costs (starting with property tax, etc.);
• in demand only under conditions sustainable economy(in a crisis, as you know, the demand for expensive property falls);
• capital investment, since it is a durable product that does not lose value or loses it gradually.

The liquidity of real estate is low, since transactions with it are more complicated and take longer than with movable things.

The definition of the concept of real estate and its features is briefly given in Art. 130 of the Civil Code of the Russian Federation, is disclosed in detail in the legal literature. Among legal scholars there is no unequivocal opinion what can be attributed to real estate and what properties are inherent in it.

Besides general types real estate lawmaker singled out specific, combining several things into one - the company and the Eurasian National Commission. You can read about how to make real estate transactions in the articles

As a general rule, real estate includes all objects closely related to land, when their movement from one place to another will cause damage or damage. There are exceptions to this rule, which we will discuss below.

Movable property includes all objects that do not fall under the definition of real estate.

The main differences between movable and immovable property

Additional article

The owner can, at his discretion, insure the existing property against property risks - fire, flooding, natural disasters. theft and so on. The cost of the policy will depend on the value of the property itself, the duration of the insurance and the likelihood of an insured event.

According to material factor the differences between movable and real estate are expressed in the following:

1. Movable property can be moved and relocated without any problems, in any way it, while not changing or damaging it. The transfer of real estate is associated, as a rule, with high costs and subsequent restoration of the property to its original state.
2. The uniqueness of real estate... Of course, this criterion may apply to some movable things, but this happens quite rarely, while each property is unique. For example, two identical apartments in the same house, built according to the same project, will still be different. Each of them has its own special address, which distinguishes it from other objects. Movable property, as a rule, is produced in series, and one thing can be replaced by a second one exactly the same without any problems.
3. Legal criterion... This sign is still controversial and not unambiguous. We are talking about state registration of property. On this basis, the majority of real estate is subject to state registration, while movable property is not.

Legislative regulation

The legislation provides for a different procedure for the acquisition and alienation of movable and immovable property, therefore Article 130 of the Civil Code provides a precise definition of each category of property. At the same time, citizens often have disputes over this issue. Such situations are resolved in court.

Another reason for disputes is property transported from abroad, since the criteria for classifying a thing as movable or real estate may be radically different in the legislation different countries... In this regard, Article 1025 of the Civil Code explains that the attribution of a thing to a particular type of property occurs on the basis of the laws of the host country of the property. When transporting an object, the rights of the country that it leaves are terminated when crossing the border.

Examples of movable and immovable property

Food for thought

The question may arise as to why the plane is a real estate, although it can fly, that is, move. According to the Civil Code, the definition of "movable" is not based entirely on the physical characteristics of an object, but also includes legal aspects. So, if an aircraft is manned and subject to state registration, it is automatically recognized as immovable property.

The list of immovable property is much narrower than movable property. The main properties are:

1. Land and land plots.
2. Various buildings, structures and structures standing on the ground: house, apartment, outbuildings, industrial buildings, etc. Construction in progress is also classified as real estate. At the same time, it does not matter who is the owner of the property, an individual or a legal entity.
3. Bowels of the earth.
4. Large aircraft and sea vessels (you can read about water transport insurance).
5. Inland navigation vessels.
6. Spaceships and objects.

In 2006, forests, perennial plantations and individual water bodies were excluded from the number of real estate.

The list of movable property can be continued for a very long time, it includes everything that is not included in real estate:

1. Money;
2. Securities and shares;
3. Furniture;
4. Technics;
5. Cars;
6. Jewelry, etc.

The lawyer will tell you about movable and immovable property in the video below:

Single real estate complex

In 2013, a new concept was introduced in the Civil Code of the Russian Federation - a single real estate complex. Article 133.1 of the Code defines it as a set of buildings, structures and other objects that are united by one purpose and are inextricably linked technologically or physically. As a rule, these objects are located on the same land plot or also include linear objects (pipeline, railways etc.).

Such a complex is registered with state authorities as one real estate object, which greatly simplifies and shortens the process of paperwork during its alienation. At the same time, the immovable complex is subsequently perceived as a single thing and cannot be divided into parts. This can be a problem when joint ownership several people to a single object.

Title insurance for real estate is a tool to protect against the risk of loss of real estate due to termination of ownership. Title insurance is practically not used in the Russian Federation, although it reliably protects the property interests of the insured

Commercial real estate

TO commercial real estate can only apply to non-residential premises. Even the apartment used by the landlord for rent and profit is not commercial property.

Such real estate can be divided depending on the purpose of use:

1. Premises for retail: shops, pharmacies, car dealerships, etc .;
2. Office space: This includes both large buildings intended for several tenants as well as individual small buildings occupied by a single owner.
3. Manufacturing area: this also includes warehouses for manufactured products.
4. Commercial real estate in the service sector: cafes, restaurants, airports, medical centers, hotels, hotels, etc.

All questions of interest can be asked in the comments to the article