FAS: HOUSING POLICY MINISTRY OF MOSCOW REGION UNLAWFULLY REFUSED DEVELOPER’S REQEUST TO COMMISSION A RESIDENTIAL HOUSE
Decision about company’s complaint was made on the 14th day from the date of receiving it: the Ministry was given an order to consider the developer’s application within 5 days in view of the comments made by the competition authority
FAS considered a complaint of “Leader Group Domodedovo” regarding actions of the Housing Policy Ministry of the Moscow region issuing a permit for commissioning a residential multi-storey house in Domodedovo.
It was established that the Ministry unlawfully refused a request of the developer to commission a residential house in “Domodedovo” aerodrome environs, referring to the need to get an approval for construction from a regional Office of Rosaviatsia [the Federal Air Transport Agency].
Аs Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev, pointed out, approving construction in the aerodrome environs is not required at the stage of facilities commissioning. The relevant procedure takes place in the course of drafting design documentation for capital construction facilities, i.e., prior to obtaining construction permits.
The Housing Policy Ministry of the Moscow region was ordered to reconsider the application and make a decision within five days from the date of receiving the order.
It should be pointed out that the complaint of “Leader Group Domodedovo” was filed under Article 18.1 of the Federal Law “On Protection of Competition” and was considered under the “fast-track” appeal procedure. The decision was made on the 14th day from the date of receiving the complaint.
Deputy Head of FAS Rachik Petrosyan emphasized: “In August 2018, amendments came into effect expanding the grounds for “fast-track” appeal against actions of the authorities in the construction sector. It concerns unlawful refusals by the authorities to accept documents and statements as well as setting unlawful requirements to petitioners and their documents. Today participants of town-planning relations can defend their rights within short timeframes and the antimonopoly body can restore justice”.
Background:
Earlier FAS considered a similar complaint of “ZhilIno” about a refused by the Construction Ministry of the Moscow region to issue a permit for commissioning two 17-storey residential houses. The decision and order of the antimonopoly body was supported by Courts of two instances, the Ministry executed FAS order and the houses were commissioned.