CRITERIA FOR CLASSIFYING AN OBJECT AS REAL ESTATE: AN OVERVIEW OF THE RELEVANT JUDICIAL PRACTICE

The article considers the criteria for classifying objects as real estate. The current judicial practice on disputes over the qualification of objects as real estate is analyzed. From the analysis of the comparison of legal and technical terminology, it was concluded that capital construction facilities, including buildings, structures and objects under construction, meet the criteria of real estate objects by their characteristics, provided (1) the legality of the construction: the object must be built in accordance with the requirements of the law and other regulations, including the availability of necessary permits and approvals; (2) a strong connection with the earth: the object must be physically attached to the land plot, and its movement without causing significant harm to its purpose is impossible, the object cannot be separated from the earth without violating its functional characteristics; (3) intended for permanent use: the object must have a specific functional purpose, which implies its long-term, not temporary use.