VEGAS LEX
partner Igor Chumachenko has spoken on the Business FM radio, describing
possible scenarios for Rosreestr's case against the Shuvalovsky and Dominion
residential projects developed on Moscow University grounds.
On March 27, 2017, Igor Chumachenko, VEGAS LEX partner and head of the
Real Estate, Land & Construction Practice, gave an interview to the News of Companies and Corporations
program on Business FM radio.
As the Kommersant business
daily found out, the Federal Service for State Registration, Cadastre and
Cartography (Rosreestr) is making a case against the Shuvalovsky and Dominion
residential projects built on Moscow State University grounds in southwestern
Moscow to recognize these developments illegal. The two buildings are among the
largest projects that had been implemented by Inteco company owned by Yelena Baturina.
If the university fails to prove the legitimacy of construction in court, then
in the worst-case scenario, the authorities will demand that the elite
buildings not related to the educational process be demolished; at best, MSU
will face a fine of at least 2 billion rubles.
Igor Chumachenko commented on the
possible scenarios for further development of the case.
“The fact that both buildings
are fully populated should certainly be taken into account, or at least the
apartments have been sold, as far as I understand,” he said. “This means the
rights of third parties are involved. Therefore, as far as the consequences of
unauthorized construction are concerned, it is unlikely that the case will be
supported. The court might uphold the university’s claim; the university might
prove the Rosreestr resolution unlawful; or, the case could result in a settlement
agreement resolving all issues, in which both parties would confirm that the
construction had been carried out in accordance with the permits and
regulations. They would agree that certain inconsistencies or violations have
been identified, which need to be dealt with, and, possibly, some kind of
compensation would be paid. The demolition of the buildings as unauthorized
construction projects is not even being considered – the case is about challenging
the Rosreestr act drawn up on the results of an inspection by the commission.”*
The video is available at
https://vse.fm/station_40/UTC+3/2017/03/27/14:17:06/play.
***
Source: https://www.bfm.ru/news/350252
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