COURT SUPPORTED FAS TO PROTECT THE DEVELOPER’S RIGHTS FOR COMMISSIONING A HOUSE

06-09-2019 | 15:41

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.

 



Site Map

News & Events Press Releases Image Library About FAS Russia What We Do Institutional Memory Mission, Goals, Values Priority Setting Stakeholders Engagement Center for Education and Methodics Our History Our Structure Powers of Head and Deputy Heads Our Ratings Using our website International Cooperation Treaties & Agreements OECD Competition Committee OECD meetings 2013 OECD meetings 2014 OECD meetings 2015 OECD meetings 2016 OECD meetings 2017 OECD meetings 2018 OECD meetings 2019 OECD meetings 2020 OECD meetings 2021 FAS Annual Reports OECD-GVH RCC RCC Newsletter Projects ICAP Council on Advertising Headquarters for Joint Investigations UNCTAD 15th session IGE UNCTAD 16th session IGE UNCTAD 17th session IGE UNCTAD 18th session IGE UNCTAD 8th UN Conference on Competition 19th session IGE UNCTAD 20th session IGE UNCTAD 21th session IGE UNCTAD EEU Model Law on Competition ICN BRICS BRICS Conferences Documents BRICS Competition Law and Policy Centre BRICS Working Groups for the Research of Competition Issues in Socially Important markets Working Group for the Research of Competition Issues in the Pharmaceutical Markets Working Group for the Research of Competition Issues in the Food Value Chains Working Group for the Research of Competition Issues in the Automobile Markets Working Group for the Research of Competition Issues in the Digital Markets BRICS Coordination Committee on antimonopoly policy EU APEC Competition Policy and Law Group Annual meetings Projects ERRA Full Members Organizational Structure Document Library Legislation Reports & Analytics Cases & decisions COVID-19 Contacts Give feedback Contact us Links Authorities Worldwide