Few people know that the concept of "real estate" was first formulated in Roman law, after all kinds of land and other natural objects were introduced into civilian circulation. Although today it is generally accepted in any country around the world.
It is worth noting that in pre-revolutionary Russia, it began to be used only after the introduction of the corresponding decree of Peter the Great in 1714, which was issued with the aim of limiting the turnover of real estate and its further inheritance. In Soviet times, after private ownership of land was completely abolished, the concept of “real estate” gradually transformed into the category of fixed and circulating assets (the concept of “movable property” also appeared). At the same time, land plots were taken into account individually in accordance with their type, and only by area.
In modern Russia, the concept of "commercial real estate" is again used in the current legal and economic circulation, which occurred due to the establishment of the status of private ownership of land. It was finally enshrined in the legislation by the Decree of the President of the Russian Federation, which entered into force on October 27, 1993.
Concept and signs
In everyday life, the concept of "real estate" is quite common. However, in reality, few people understand that the appearance does not always correspond to the legal nature of real estate, which in most cases is determined by the characteristics of the country's economic development, prevailing historical traditions and other conditions.
The concept of "commercial real estate", like any other, includes several basic elements:
- Name - a certain sign or term that is assigned to this object.
- Content - a set of distinctive features and characteristics, the core of which can be called a certain essential property (in this case, it is immovable in space, durability, non-consumption, and others).
- Volume - a specific list of items that are displayed in this category.
What is included here?
Today, urban and suburban real estate are concepts that can not be reduced to just a brief indication of certain significant features. They represent a complete synthesis or the sum of knowledge about a specific subject. As in other civilized countries, in Russia it is customary to define real estate mainly through the scope of the concept, that is, the list of things and rights that enter into it. In particular, urban and suburban real estate includes the following objects:
- subsoil plots and funds;
- land;
- everything that has a direct connection with the land, that is, various structures, buildings or objects of unfinished construction;
- objects equivalent to real estate, which require the necessary state registration (including inland navigation vessels, aircraft, as well as space objects);
- other objects that have real estate status in accordance with the peculiarities of the current legislation.
In the general case, if we consider what real estate is, we can distinguish land plots and everything that is directly connected with them, but cannot move without causing disproportionate damage to its purpose. At the same time, it is immediately worth noting that since 2007, forests and perennial plantings have been completely excluded from the composition of such property, which in fact does not correspond to the essence of such objects and current international practice.
At the same time, modern legislation, considering what real estate is, equates to it a number of completely movable objects, such as ships and aircraft, or some other, not based on species or generic characteristics, which could be called understandable, but for due to the fact that it is advisable to distribute to them a certain legal regime established for truly immovable property, which at the moment does not include all types of roads of the country.
What it is?
The definition of the essence of real estate only from a material and material point of view is important in almost all branches of knowledge, but at the same time it is clearly insufficient and it does not allow us to completely exhaust the totality of the characteristics inherent in its content. In practice and in theory, one must correctly understand what the differences are between what constitutes private or state real estate as a tangible physical object and as a complex of social and economic-legal relations, which provide a special order of disposal of such objects, as well as special stability of rights related to them.
Market Features
Any real estate object in reality exists in the unity of social, economic, physical and legal properties, each of which, in appropriate cases, can be the main one depending on any goals, life situations or stages of analysis. In the market where the sale and rental of real estate is carried out, it is considered as a product in three forms, which are closely interrelated:
- in the form of a physical object having certain characteristics;
- a certain service that allows you to use real estate for one purpose or another;
- property rights to any real estate.
The geographical concept of this concept allows you to fully reflect the physical characteristics of real estate, including:
- material and construction of structures;
- location and dimensions;
- soil fertility;
- climate;
- improvements;
- Environment;
- other parameters.
The market where real estate is sold and leased is considered as a separate independent object a single system made in the form of a whole complex of installations, structures, objects, equipment and other property, which is combined with a functional purpose. It includes any property specified in the technical passport, as well as additionally built during use, while having a functional connection with a particular building in such a way that it cannot be moved without causing disproportionate damage to the destination.
It is worth noting: the Ministry of Finance emphasized separately that the composition of a specific real estate object must necessarily include a variety of sources of fixed assets, including elevators, local networks, built-in ventilation systems, as well as other communications. At the same time, real estate (secondary housing or primary) does not include fixed assets that are accounted for as separate inventory objects and do not require installation, and can also be used outside this object if their dismantling does not cause disproportionate damage to their main purpose.
Also, do not forget that chemical, biological, physical, industrial and other processes have a direct impact on real estate. The concept of real estate provides for a constant change in its consumer qualities and functional suitability, and this is taken into account in the process of making all kinds of financial transactions, as well as owning and using it.
Economy
The economic concept considers the concept of real estate as an effective tangible asset, a reliable tool for generating income, as well as a unique investment object. The main economic elements that provide for the classification of real estate:
- its price and value arising primarily from its utility;
- ability to satisfy various interests and needs of people.
Due to the current system of taxation of property owners, the formation of municipal budgets is ensured, as well as the implementation of a number of specialized social programs.
Legal side
In the legal sense, real estate is a certain combination of private and public rights to it, which are established by the state, taking into account domestic peculiarities, as well as all kinds of international standards. Primary and secondary real estate may provide for indivisible or partial private rights, as well as underground resources, buildings and airspace divided on the basis of physical vertical and horizontal delimitation on the surface of land plots.
In the same way as in the overwhelming majority of modern civilized countries of the world, in Russia the legislation guarantees every private person the right to buy, sell, lease or transfer property, as well as the right to own and use it to other citizens and enterprises, that is the possibility of completely free disposal of their property. But it is worth noting that in some cases, ownership of real estate (apartments or private houses mean) is in conflict with the interests of the public, as a result of which the jurisdiction of private law ceases to extend to it.
Legislation in force provides for the possibility of withdrawing such objects from the owner through redemption for any municipal or state needs, while a land plot with all the structures and buildings located on it can be redeemed in this way. There are also a number of other forms of state regulation of ownership and use of real estate:
- zoning system;
- construction restrictions;
- environmental requirements;
- transfer to economic management;
- taxation of property and various transactions with it;
- right to ownerless real estate and others.
Social sphere
The social role played by various real estate (cottages, apartments and private buildings) is that it must satisfy the psychological, physiological, intellectual and other human needs. All that people may need to ensure survival and a decent life, they ultimately receive precisely from the earth. Today, real estate ownership is prestigious in the public mind and is required in order to form a civilized middle social layer.
World practice
World practice considers immovable property as a specific land plot and everything under it (and with a projection to the center of the earth), as well as above it, extended indefinitely, including any permanent objects that were attached to it by nature or man.
In the general case, any owner of a certain land plot also owns any of its component parts, including mineral deposits located under it, as well as the corresponding airspace. But at the same time, he has every right to dispose of only such a volume of airspace that he could reasonably use in accordance with applicable legislative restrictions, and, in particular, this concerns the full sovereignty of the government over the state’s air navigation space.
It is also worth noting that the owner’s rights to subsurface resources are far from absolute, and in a fairly large number of areas of the United States there is such a situation that the rights to any underground mineral resources are entirely in the hands of a statesman, and not of the person who owns the immovable property. At the same time, the owner of an immovable property also has an unconditional right to gain access to sunlight.
Practice in Russia
The subjects of ownership of land that are not related to the state in Russia have the right to dispose not all of the subsoil that corresponds to their land, but only those that are common minerals, that is, sand, clay and others. Thus, deposits of oil, ore, coal and other minerals in no way relate to the real estate of a particular private owner who owns, for example, a country house or other real estate. The definition of this concept indicates that the above natural resources are fully owned by the state.
It is also worth noting that the physical and economic and legal composition of a person’s real estate does not include airspace located above the surface of the land, since in itself it has a public character and is wholly owned by the state. Only on lands owned by state funds, the concept of real estate provides for the inclusion in it of all components located in a vertical projection.
The properties
The main fundamental properties that characterize the concept of "real estate" are its materiality, immobility and non-consumption, and the rest of the species and generic characters are already based on them.
It is also important to mention that there is a whole list of border concepts between immovable and movable objects. In Russia, it is customary to use the terms “essential inseparable parts” and “accessories of immovable things” to designate them. Significant in this case are the inalienable components of real estate that cannot be separated without causing disproportionate damage not only to the object, but also to it.
Affiliation is a movable objects that have a direct connection with real estate for general purposes, serve it and can be separated if there is an appropriate decision of the owner (built-in furniture, chandelier, etc.).