HOUSING MINISTRY OF THE MOSCOW REGION UNLAWFULLY REFUSED TO GRANT A CONSTRUCTION PERMIT
The Ministry must reconsider the company’s application in view of the decision made by the antimonopoly authority
FAS investigated a complaint of “SZ MAGI” that the Housing Policy Ministry of the Moscow Region had not grantу a permit for constructing residential houses of “Skazka” Housing Cooperative.
The Ministry referred to a document dated 1980 specifying that construction within the “hard” restricted area for protection of drinking water supply sources is prohibited. At the same time, the Ministry failed to prove that the above restrictions apply to the developing land plot, while the restrictions are not shown on the land plot development plan (LPDP*).
The developer drafted design documentation based on the LPDP information and according to the norms of the law on sanitary and epidemiological safety in line with sanitary rules.
Furthermore, earlier the company already received permits for construction of 24 residential houses, 12 of which are already commissioned, observing the limitations for the sanitary protection zone.
The design documentation is drawn in accord with LPDP. As clarified by Deputy Head of FAS Department for Control over Construction and Natural Resources, David Akopyan, the plan drafted by Istra Municipal Authority of the Moscow region, did not contain information about the restriction, to which the Ministry referred.
Oleg Korneev, Head of FAS Department for Control over Construction and Natural Resources, emphasized: “Setting the requirements for design documentation, drafted in line with the sanitary rules, to observe the boundaries that are not specified in the Sanitary Rules and Regulations, and LPDR, is unreasonable and cannot constitute the grounds for refusing to grant construction permits”.
The Ministry is ordered to review the company’s application no later than 13 April 2020.
Background:
* LPDP is issued to provide information to urban developers that is necessary for architectural and civil engineering design, reconstruction of capital construction facilities within the land plot boundaries.