RUSSIAN LAW · UPDATED 19 SEPTEMBER 2026
Inseparable improvements may support an increase in a co-owner’s share, but not every repair has that effect. The conditions of Civil Code Article 245 must be established and the change in title properly recorded.
Own funds
Prove who paid for work and materials, not merely who organised the project.
Proper procedure
Review agreed use, approvals and the legality of the work itself.
Proportionate change
Expenditure alone does not determine a new ownership percentage.
Your route, step by step
- 1Agree the worksUse arrangements, scope and approvals
- 2Document expenditureContracts, payments and completion records
- 3Assess the resultNature of improvements and share calculation
- 4Formalise rightsAgreement or judicial resolution
The Article 245 conditions
Article 245(3) concerns a co-owner who uses their own funds for inseparable improvements while complying with the established procedure for use of common property. These conditions must be considered together. A materials receipt alone does not establish all of them.
Whether an improvement is inseparable depends on the work and whether its result can be removed without harming the property. Decoration, necessary repairs, maintenance and improvements are not identical categories. Construction and valuation expertise may be needed.
Agree the position before work starts
Article 247 links use of shared property to the co-owners’ agreement or, in a dispute, the arrangement set by a court. Record the scope, budget, funding and intended effect on shares or reimbursement. Do not assume another owner’s silence approves any reconstruction.
A private agreement does not replace mandatory alteration or reconstruction approvals. Unauthorised additional floor space may lead to a restoration obligation rather than a larger ownership share.
Evidence of work and value
- Keep original plans, photographs and condition records.
- Collect agreements, correspondence, project documents and required approvals.
- Prove personal expenditure through contracts, completion records, receipts and bank evidence.
- Record the completed work and changes to the property.
- Explain the requested share adjustment and assess the need for expert evidence.
There is no automatic formula awarding another half-share because someone spent half the apartment’s price. Existing rights, the nature and contribution of improvements, agreements and expert findings matter.
Recording the result and distinguishing a lease
If the owners agree, use the appropriate agreement and comply with form and registration requirements. Otherwise identify the court remedy and evidence. A person cannot simply state a larger share in a later sale contract before establishing that right.
Tenants face a different framework. Article 623 governs improvements to leased property and may allow reimbursement where its conditions are satisfied. Carrying out repairs does not turn a tenant into a co-owner. Review contractual reimbursement provisions before investing.
Different expenditure, different outcomes
| Work | Legal issue | Key evidence |
|---|---|---|
| Co-owner’s inseparable improvement | Share increase under Article 245 | Use arrangements, expenditure and result |
| Routine repair or maintenance | Allocation of costs | Necessity and payment records |
| Unauthorised reconstruction | Legality of changes | Project, approvals and technical assessment |
| Tenant’s improvement | Reimbursement under Article 623 and the lease | Landlord consent and contract |
Before you act
Ticks are a personal reading aid and are not sent to the website.
Frequently asked questions
Does redecorating automatically increase a share?
No. The nature of the work and all applicable conditions must be established. Spending money alone does not change title.
Is expert evidence always mandatory?
Not in every case, but it is often needed where the nature, value or effect of works is disputed.
Does a tenant acquire a share by repairing premises?
Not merely by performing repairs. Reimbursement and acquiring ownership are separate legal issues.
Related guidance
Legal sources (Russian): Civil Code, Part 1; Civil Code, Part 2. This guide concerns Russian law. The outcome depends on the documents and facts of the case.