COURT SUPPORTED FAS TO PROTECT THE DEVELOPER’S RIGHTS FOR COMMISSIONING A HOUSE
Thanks to FAS, the developer obtained a permit within a month
Earlier, the Ministry of the Moscow region for Housing Policy rejected an application of “Leader Group Domodedovo” for commissioning a multi-storey residential house in Domodedovo. The Ministry claimed that it was necessary to obtain an approval for the construction from the area office of Rosaviatsia [Russian Federal Air Transport Agency] because the house is located in “Domodedovo” airport environs.
The developer complained to FAS in January 2019 about the Ministry’s actions. According to Deputy Head of FAS Department for Control over Construction and Natural Resources, David Akopyan, the company’s complaint was considered under a fast-track procedure. The decision was made on the 14th day after the complained had been received.
Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev commented: “The decision points out that approvals of construction in aerodrome environs is not necessary at the stage of commissioning. This procedure takes place at the stage of verifying project documentation of capital construction facilities, i.e., before obtaining a construction permit. Therefore, the Ministry was ordered to reconsider the developer’s application in view of the comments made by the antimonopoly body”.
On 1 February 2019, the company received a permit from the Ministry to commission the house.
At the same time, the Ministry filed a lawsuit to appeal FAS decision. So far, Court of First Instance and Appeal Court recognized the legitimacy of the decision and order issued by the antimonopoly body and dismissed the claim of the Ministry of the Moscow region for Housing Policy.