Abstract

The article analyses the dynamics of the development of land legislation in terms of determining the size of the land plot necessary for the operation of the constructed object and conflicting judicial practice, as well as housing and registration legislation governing the mechanism for transferring rights to a land plot from the developer to the owners of premises in the condominium. The author comes to the conclusion that in the land legislation in the context of the provisions of urban planning legislation this issue is resolved unequivocally, but courts do not always correctly interpret the norms of the law. With regard to condominium, the situation is different: housing and registration legislation does not contain a clear mechanism for the transfer of rights to a land plot to the owners of premises, and therefore judicial practice has to fill this legal vacuum.

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