THE HOUSING POLICY MINISTRY OF THE MOSCOW REGION EXECUTED A FAS WARNING
The Ministry reconsidered a developer’s petition about granting a construction permit in view of a decision of the antimonopoly body
Earlier FAS received a complaint from “MAGI” Specialized Developer” that the Housing Policy Ministry of the Moscow region had refused to grant a construction permit to a developer to build residential houses in “Skazka” Housing Cooperative.
As established by the FAS Commission, the developer drafted the project documentation on the basis of information from a Land Plot Development Plan (LPDP)*, as well as in view of the law on sanitary-and-epidemiological well-being in accord with the sanitary rules. The Ministry unlawfully refused to grant the construction permit to the company.
The Ministry referred to a document issued in 1980, which had specified that construction was prohibited within the restricted-access protective area of drinking water supply sources.
“These restrictions did not apply to the developing land plot and were not reflected in the Land Plot Development Plan”, reminded Deputy Head of FAS Department for Control over Construction and Natural Resources, David Akopyan.
FAS made a decision that the requirements on conformity of the project documentation drafted in view of the sanitary rules, to the boundaries, that are absent in the Sanitary Rules and Regulations and are not reflected in the Land Plot Development Plan, are not justified and cannot form the grounds to refuse issuing the construction permit. The Ministry was given an order to reconsider the company’s application.
Oleg Korneev, Head of FAS Department for Control over Construction and Natural Resources, concludes: “The Ministry abolished the refusal notification, issued earlier to the company, and reconsidered the developer’s application. In view of the conclusions outlined in the decision of the antimonopoly authority, the Ministry granted the construction permit to “MAGI” Specialized Developer”. The order was executed before the deadline”.
Reference:
* Land Plot Development Plan (LPDP) is issued to provide information to participants of urban planning and development that they need for architectural and construction design, construction, reconstruction of capital construction facilities within a land plot boundaries.