Demolition of 100 trade pavilions, considered unauthorized construction, will begin in Moscow

The owners of many of them have already proven in court that these buildings are legal Maria Solovichenko Elena Vinogradova Victoria Sunkina The Pyramid shopping center near the Pushkinskaya metro station is also recognized by the capital’s authorities as a self-construction / A. Gordeev / Vedomosti

There will be no postponement of the dismantling of unauthorized buildings in Moscow, Deputy Head of the State Inspectorate for Real Estate Alexey Gorbunov told Vedomosti. On December 8, the Moscow government adopted a resolution “On measures to ensure the demolition of unauthorized buildings in certain areas of the city of Moscow,” providing for the demolition of 104 objects from February 8, 2016. The list includes both large objects - for example, the Pyramid shopping center near Pushkinskaya metro station, shopping arcades near Kropotkinskaya metro station, Arbatskaya metro station and Ulitsa 1905 Goda - and small pavilions of 30–80 sq. m on Leningradsky Prospekt. According to the resolution, they are recognized as unauthorized construction due to incorrect paperwork, location on public lands or on areas with utilities. Dismantling can be carried out voluntarily by the owners, or forcibly by the prefecture within 30 days, Gorbunov said. In December, notices about the demolition were sent to all owners and information about the expected time of the demolition was posted nearby, he said.

The objects included in the list are not self-constructed - most of the owners have properly completed all property documents, said Sergei Seliverstov, executive director of the Moscow branch of Opora Rossii, at a public hearing last week. The facilities were built on sites allocated by the city authorities in accordance with the rules and regulations in force at the time of their construction, he clarified. “Business Russia” checked 50 addresses from the list: all objects have registered property rights, and the owners of 27 objects have already entered into force court decisions on the absence of unauthorized construction, said the chairman of the industry department of commercial real estate of “Business Russia” Eduard Gulyan.

Price issue

RUB 30 billion – this is how much Eduard Gulyan from Business Russia estimates the damage to the city from demolition. “The budget will be missing about 2 billion rubles within one year. tax deductions, legal costs - about 1.5 billion rubles, the same amount will have to be spent on demolition, documentation, etc. In addition, the owners will file claims for lost property in the amount of more than 22 billion rubles,” he calculated

Vedomosti was convinced that in some cases the dispute reached the Supreme Court, and decisions were made not in favor of the Moscow authorities. The Supreme Court refused to reconsider the decision on Moscow's claim against the owner of the 254 sq. m pavilion. m on the street People's Militia - TDKM LLC, as a result, the building was not recognized as an unauthorized construction. The authorities lost the cassation on similar claims against the Albatross company, the owner of the Passage Albatross shopping complex near the Shchelkovskaya metro station, as well as claims against the owners of the pavilions at Arbatskaya and 1905 Goda. The court decisions contain the results of an examination that proved that the disputed objects do not threaten the life and health of citizens.

Previously on the topic: Demolition of the first stage of unauthorized construction may cost the Moscow budget 30 billion rubles

The Moscow government believes that it has the right to demolish buildings thanks to the new wording of Art. 222 of the Civil Code: paragraph 4, which came into force in September 2015, gives the city authorities the right to administratively demolish buildings recognized as unauthorized construction. “This will rid the city of objects that bother Muscovites, are ugly and simply dangerous,” explained a city hall official. “We are not saying that our buildings are architectural masterpieces, we are ready to rebuild them or build them in another place, but we consider it fair to receive compensation,” retorts the owner of one of these pavilions.

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The city authorities are not engaging in dialogue, lamented the owner of the building on the street. Krasnogo Mayak, 1A, Nadezhda Barsukova. Her company assessed the property in order to receive compensation in the future. “The mayor’s office said that there is no method for reimbursing such expenses, so there will be no reimbursement,” she complained.

The Korona Auto company acquired a three-story building of 1000 sq. m. m in 2006, having completed all the necessary documents, and in 2013 the store was on the path of construction of the North-East Expressway and the owners were told that an electric cable runs under the building - the object was recognized as a self-construction and it was decided to demolish it, the founder of the company Svetlana said at the hearings Kachkovskaya. “Later it turned out that there was no electrical cable under the building,” she added.

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“The owners are mired in the courts,” noted Vladislav Vasnev, general director of Pyramid 2000 LLC, which manages the shopping center of the same name on Tverskaya. Despite all efforts, the courts have not granted a single request for interim measures prohibiting demolition, he explained. Vasnev fears that dismantling may begin under the pretext of eliminating some kind of emergency situation at the site occupied by the shopping center. “We hope that the store will be open this week, but it’s better to ask Sobyanin, no one tells us anything,” an employee of the Rive Gauche perfume store in the Pyramid shopping center told Vedomosti.

The Civil Code does not give local authorities the right to recognize capital construction projects as unauthorized construction, especially contrary to the existing documents on the legality of construction, which have not been challenged in court, argues lawyer Marina Telyukina. The demolition order misinterprets the Civil Code and the owners need to appeal to the Constitutional Court, she said.

Previously on the topic: How buildings recognized by the authorities as unauthorized construction were demolished in Moscow