NEW UNLAWFUL REFUSAL TO ISSUE A CONSTRUCTION PERMIT IS EXPOSED IN THE MOSCOW REGION

After approaching the antimonopoly body, the developer was granted the construction permit

In spring 2019, FAS received a complaint from the “Architector” Group against the Housing Policy Ministry of the Moscow region. The developer made this decision due to repeated refusals by the Ministry to issue a permit for construction of a residential house in Dmitrov. The refusal notifications gave different reasons.

The refusal by the Ministry, investigated by the FAS Commission following the complaint received from the developer in March 2019, was based on prohibiting construction of a yard passage within the boundaries of the utility clearance zone.

The antimonopoly body established that the refusal was unlawful*, and issued a binding order to the Ministry.

Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev, clarified: “The designed yard passage as an integral improvement of the land plot, is not an object of capital construction, which means that statutory restrictions do not apply to it”.

In April 2019, the company repeated a complaint to FAS and an order was issued once again. The Ministry unlawfully refused to grant construction permit to the “Architector” Group after considering the documents submitted by the developer under the frame of another application for a construction permit, and breached the consideration deadline, delaying its answer **.

In May, FAS received the third complaint from the developer, which alter was withdrawn as a construction permit was issued.

“We call upon individual entrepreneurs and representatives of legal entities that are participants of urban-development relations to more actively defend their rights. All possibilities are created to this end”, pointed out Deputy Head of FAS Rachik Petrosyan. “FAS order is mandatory for execution within the deadline. Failure to execute it will result in holding the responsible official administratively liable”.

Background:

*Yard passage is an element of amenities under the Law on urban development in the Moscow region.

Restrictions specified in Sub-Clause “а” Clause 14 of No. 878 Governmental order do not apply to passage positioning.

** The public service for granting residential construction permits in the Moscow region must be rendered within seven working days after the date of accepting an application.