Press centre News Недвижимость. Земля. Строительство

12
July
2018

On the legal positions on commercial cases set out in the Supreme Court Judicial Review No.2

The major part of the Review is dedicated to legal positions taken by the Chamber for Commercial Disputes of the Supreme Court

Advocate newspaper
30
March
2018

Investors will be attracted by land areas

The draft law providing for favorable conditions of land lease for investors that are ready to fulfil obligations for “long-delayed construction projects” is being considered in the Krasnodar Region. The Administration ensures that the value of compensatory land plots will cover at least half of costs for commissioning the troubled buildings. The market participants treat the taken actions as urgent but lawyers see in the draft law a number of provisions that contradict the provisions of federal legislation.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Kommersant
12
February
2018

We shall live now in a new way?!

We always consider the New Year as a new life. We welcome it expecting that this year all things will actually go the right way. What is the right way? We decided to ask our experts this question meaning a building industry, indeed.

Legal adviser in construction
4
July
2017

Reforming price setting in the construction industry: experts talk about the launch of the Federal Government Information System

Last year, the Russian Federation Ministry of Construction, Housing, and Utilities implemented reforms regarding price setting in the construction industry, and announced that it was switching over to a model for design engineering based on available pools of resources. Creating a Federal Government Information System for Price Setting in Construction (FGIS TsS) will cost the state budget 180 million rubles. Glavgosekspertiza is the authority responsible for putting it in place. There are just a few month left before FGIS TsS is launched – the system should start working by the end of September 2017. STROY EXPERT questioned industry participants and community experts about their attitude toward the introduction of this system to set prices in construction, and whether implementing it will really permit work to be streamlined, preclude errors during the process of rate setting, and regulate activity performed by construction resource suppliers.

Stroy.Expert
5
May
2017

Target operating models: the pros and cons

The government approved 12 target models for simplifying business procedures and increasing the attractiveness of investment for Russian Federation constituent entities. We asked our experts to comment on this initiative, what advantages and disadvantages they see in the government resolution, and what changes to expect in the construction industry.

Legal adviser in construction
18
April
2017

If the builder is not in a hurry to give out keys to the apartment

Recovering late payments: how to get compensation from the builder without risking that the courts will reduce the payment amount.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Business FM
17
March
2017

A buyer's market: good or bad for developers in Russia and worldwide?

A buyer's market encourages competition, which is good for development.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Kommersant
13
March
2017

Secrets of lawyers: Successful contractor agreements

Russia's arbitration courts are seeing more and more lawsuits seeking for contractor agreements to be declared invalid. The total amount of claims relating to such agreements was its highest ever in 2016. How can agreements be drafted in such a way as to minimise such risks and avoid litigation? Pravo.ru experts explain the secrets of success.

Pravo.ru
22
May
2018

Breaking the deadlock: is it possible to get the apartment purchased not from developer

The failed developer paid to its counterparties in square meters in the multi-storied building to be constructed in the future, and one of the counterparties sold them to individuals, even without receiving the housing under a transfer and acceptance certificate. One of the buyers has not got her apartment and decided to be included on the register of claims for the transfer of apartments. The court of appeal and the court of cassation have dismissed her claims since the scheme was illegal. The Chamber for Commercial Disputes has explained why they were wrong and provided a legal assessment of disputable transactions.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Pravo.ru
12
March
2018

Expert: there are possibilities to cut a property tax

The statement that a property tax must be fair and feasible for citizens was made by Vladimir Putin in his message to the Federal Assembly. What are the possibilities to cut it today?

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Business FM
9
February
2018

"Serdyukov’s dacha" is still in civilian life

Arbitration Court will consider an appeal of the Military Prosecutor’s Office in relation to a dispute over the legality of privatization of the land plot located outside Anapa, on which the so-called "Serdyukov’s dacha" is situated. The decision to return the land plot to the state, which was rendered earlier, has been overridden by the Supreme Court; at the new hearings, the court took the side of the land plot buyer, i.e. CityEngineering LLC. The territory in dispute was transferred to the military department in 2010 at the request of Anatoly Serdyukov, Ministry of Defence of the Russian Federation; afterwards, the plot was sold as a non-core asset for 110 million roubles. According to lawyers, the state has legal opportunities to settle the dispute in its favor.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Kommersant
15
May
2017

About the two main risks associated with integrated urban development

Like all agreements that have a public component, agreements on integrated urban development are characterized by the existence a "social obligation" that the investor takes upon itself in exchange for obtaining the right to implement the construction project on the land. Under IUD contracts, the developer takes on the responsibility for preparing the documentation for the land planning, for building the transportation, utilities, and social infrastructure facilities - including kindergartens, schools, public health facilities, and the landscaping - and for other measures aimed at creating a comfortable living environment.

Stroy.Expert
3
May
2017

Lawyers consider a general property owners’ meeting the preferred form to show a declaration of intent

Lawyers recommend that housing residents hold general property owners’ meetings, regardless of whether their home is currently on the list of any renovation program or there is only the possibility of it being included in one. In addition, it is advisable that property owners check whether their cadastral documentation has been issued for the plot of land under the building that is a common shared property; if not, it should be registered as soon as possible.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Kommersant
28
March
2017

"Not exactly average people": the fate of luxury housing on Moscow State University land

The Federal State Registration Service has taken legal action to have the construction of the Shuvalovsky and Dominion developments, on Moscow State University land, declared illegal. The projects were carried out by Inteco when it was owned by Yelena Baturina, wife of former Mayor of Moscow Yury Luzhkov, reports Kommersant. At issue are 122 ha of land on Lomonovsky Prospekt in south-west Moscow, near the Moscow State University library. The area belongs to the state, and the university has been granted use of it in perpetuity.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Business FM
16
March
2017

A Supreme Court ruling will reduce the potential for local administrations to engage in suspicious land deals

Initially, a company was given a huge area of land on a leasehold basis, on a tenth of which it built a shopping centre. As the owner of the centre, it then bought out all the land without going through a bidding process, intending, with approval from the local administration, to build a supermarket there. The Antimonopoly Service's objections were dismissed by two lower courts, but the latter have now been corrected by the Chamber for Commercial Disputes. Lawyers explain what public owners can now expect, and why the Supreme Court's ruling was fair.

Pravo.ru
10
February
2017

The Supreme Court resolved a property dispute at Koltsovo International Airport in Yekaterinburg

The operator of Yekaterinburg Airport became involved in a dispute with the Federal State Unitary Enterprise about the rent for its property portfolio at the airport. The dispute went to the Judicial Chamber on Economic Disputes at the Supreme Court, which had to answer the question whether the lease agreement from 1998 for the airport was valid or not. About the 1990’s, collapse, crisis, and other details of the Supreme Court meeting - on the website Pravo.ru.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Pravo.ru
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