THE MINISTRY OF CONSTRUCTION OF THE MOSCOW REGION UNLAWFULLY REFUSED TO GRANT A CONSTRUCTION PERMIT
FAS considered a developer’s complaint under a fast-track procedure, the Ministry must execute FAS order within five days
FAS considered a complaint of “Strategy” Construction Company” Ltd. about actions of the Ministry of Construction of the Moscow Region. The decision on the complaint was made on the 11th day after receiving the complaint.
FAS Commission established that the Ministry of Construction of the Moscow Region unlawfully dismissed an application of the construction company for building an apartment block setting the requirements for the applicant that are not specified by the Russian law *.
Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev explained: “It concerns submission of title documents for a land plot, where there is an authorization for parking rather than capital construction facilities”.
Based on the Civil Code of the Russian Federation, document if title is a document confirming the developer’s right for the land plot, where a construction facility would be constructed.
Furthermore, draft documents on area planning and demarcation for the purposes of constructing an apartment block are approved by the Ministry** and give a possibility to construct open flat parking without registering the rights for the land plot.
Deputy Head of FAS Rachik Petrosyan emphases: “Parking lots are not an object of capital construction so can be placed without a construction permit. The Ministry wrongfully failed to issue a construction permit. In accord with the FAS order, it now must withdraw its refusal notice and reconsider an application of the construction company in view of the decision made by FAS Commission”.
* In breach of Part 10 Article 51 of the Civil Code of the Russian Federation
** No. P02/0036-17 Order of the Ministry of Construction of the Moscow Region of 23.11.2017