The shopping center on General Ostryakov Avenue, declared illegal by the city authorities, cannot be demolished as an unauthorized construction. This decision was made by the Arbitration Court of Sevastopol.
As ForPost previously reported, the construction of a shopping center at the address: Gen. Ave. Ostryakova, 162-A, began last year, and permission to carry out the work was issued to the developer back in 2008.
The owner of the site, Serdolik LLC, failed to obtain permission in the Russian legal framework: Sevgosstroynadzor did not find confirmation that on November 21, 2016, the foundation of the shopping center was already ready, refusing the company to include information about the capital construction project in the Register of Unsupervised Objects .
According to the information presented in the court decision, two years ago the Serdolik company got rid of the problem property by selling it to the individual entrepreneur R.S. Dyukarev. He received a warning from the authorities about the inadmissibility of construction.
“The developer has no legal basis for the construction of a shopping center at the address: General Ostryakov Ave., 162-A,” stated Sevgosstroynadzor in March last year.
In August, the entrepreneur submitted an application to Sevgosstroynadzor about the possibility of including the Astroy universal shopping center in the register of supervised objects, but they replied that this was not possible.
The Department of Municipal Affairs filed a lawsuit to demolish the unauthorized building. The authorities asked to oblige an individual entrepreneur to dismantle an unfinished construction project with a degree of completion of 20% within three months at his own expense. DGH also demanded that the entry on the rights of the object be excluded from the Unified State Register of Real Estate.
The developer objected, emphasizing that there were no irreparable violations, as well as no violations of the rights of other persons, as well as evidence of a threat to the life and health of citizens. In addition, the entrepreneur pointed out that the statute of limitations had expired.
The latter circumstance played an important role in making a decision on the claim.
“The unfinished construction project was registered on the cadastral register on 01/28/2016, the initial registration of rights was carried out on 03/21/2016 in accordance with the procedure established by law, the registration of the transfer of rights was carried out on 02/07/2022. The authorized bodies recognized the right of Serdolik LLC and IP Dyukareva R.S. to the disputed object. The ownership rights of these persons, as well as registration records, were not disputed until the filing of this lawsuit (05.29.2023),” reads the text of the court decision.
The court did not find that there was a threat to the life and health of citizens. In addition, the fact that the technical characteristics of the building corresponds to the design documentation was taken into account – at the end of last year the developer ordered the corresponding independent examination.
The court came to the conclusion that there are no grounds for recognizing the disputed object as an unauthorized construction.
“The circumstances of the case indicate that the plaintiff missed the limitation period for the stated claims, established by Article 196 of the Civil Code of the Russian Federation, which is also an independent basis for refusing to satisfy the stated claims,” the court decision states.
Let us remind you that for the same reasons – lack of proof that the object is an unauthorized construction, and the omission of the three-year statute of limitations – local authorities lost the court case for the demolition of the building on Cape Khrustalny, near the obelisk of the “Hero City of Sevastopol.”
Alina Gromova
Tags: authorities Sevastopol lost court case demolition illegal shopping center
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