DEVELOPERS CAN APPEAL DECISIONS UNDER THE FAST-TRACK PROCEDURE
Actions of public authorities in this sector can be appealed on four grounds
At the business brunch on “Legal issues in development, Olga Zakurdaeva, Unit Head, FAS Department for Control over Construction and Natural Resources reminded that from 1 August 2019* decisions of the authorities on setting / changing zones with special territory use can be appealed to FAS under the fast-track procedure.
It concerns 28 territories, such as protective zone of cultural heritage sites, safeguard zone of electric power facilities, railway zone, shoreline buffer belts and others.
Olga Zakurdaeva pointed out to developers: “Let’s say that a developer has put together a full list of documents to recognize a zone, where the developer is planning to build, as safeguard zone of electric power facilities, but the authorities require to present additional data, not specified by the law, which hampers the developer’s work. In this case, it is possible to appeal actions of the authority. The deadline for complaint consideration is 7 working days. If FAS finds that a complaint is reasonable, it issues a mandatory order to be executed within the statutory period”.
Deputy Head of FAS Department for Control over Construction and Natural Resources, David Akopyan, explained: “If a public authority delays a decision about a zone, and obligates you to undertake actions that are not included in the exhaustive list, sets requirements that are not specified anywhere or simply refuses to accept documents on ascertaining/changing the status of such territory, you should approach FAS”.
Reference:
* No. 1002 Decree of the Government of the Russian Federation “On amendments to some acts of the Government of the Russian Federation” of 01.08.2019 states exhaustive lists of procedures in construction of water supply, water drainage, electric grid, non-residential capital construction and heating supply network facilities. These procedures include, in particular, decision-making on setting or changing zones with special conditions for use of territories.