Land beneath an apartment building is generally part of the common property of the premises owners when the statutory conditions for transfer are met. A demand for lease payments or related charges must therefore be checked against the legal status of the plot, its cadastral history and the exact contractual basis.
Land as common property
Article 36 of the Housing Code includes the land plot on which an apartment building stands, together with relevant landscaping and service objects, in the common property of the premises owners. Under Article 16 of the law introducing the Housing Code, once the plot is placed on cadastral records, it transfers free of charge into their shared ownership, subject to the statutory framework.
The answer in an individual case depends on the date the plot was formed, cadastral registration, the building’s status and the rights recorded for the relevant period.
Historical case note
In a 2020 matter, a Moscow public authority issued a payment demand under a land-lease agreement relating to a plot beneath a multi-apartment residential building. The response explained why the claimed charge required reassessment under the land and housing-law regime. The authority accepted the position. This result is historical and depends on the documents of that matter.
What to check if you receive a demand
- the legal nature of the demanded payment: rent, tax, penalty or another charge;
- the agreement, its term, amendments and the identity of the contracting party;
- the cadastral number, boundaries and date of cadastral registration of the plot;
- title and EGRN information for the building, premises and land plot;
- the period covered by the demand and the calculation of any penalty;
- correspondence or decisions that may have altered the public authority’s position.
Why the documents are decisive
Two properties with a similar address can have different land-rights histories. The outcome cannot be determined from the building’s address alone. Lease records, cadastral information and the composition of the common property should be compared carefully.
Practical steps
- Do not treat a payment notice as self-explanatory.
- Request or obtain the documents supporting the claimed obligation.
- Reconcile the demand with the title and cadastral records.
- File a reasoned response within the stated deadline.
- Assess the administrative or court route if the disagreement remains unresolved.
Legal assistance
I analyse public-authority payment demands, land-lease documents and property records, then prepare a grounded response or procedural position based on the specific plot and period at issue.