Land – apartments – Newspaper Kommersant No. 19 (7464) dated 02/02/2023
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During the crisis, housing developers will receive additional preferences – the authorities will allow them to terminate the lease agreement for state-owned land where housing is being built ahead of schedule, immediately after the completion of the project. The issue is especially relevant for Moscow, where 80% of projects are implemented at such sites. Now developers pay for these plots for about three more years after the commissioning of new buildings, it is necessary to terminate the lease ahead of time through the court. However, lawyers warn, the new rules create risks for citizens – apartment buyers may not wait for the construction of the local area.
For developers, a simplified mechanism has been developed for the early termination of lease agreements for state lands where housing is being built, according to the minutes of a recent meeting in the federal Rosreestr with the participation of representatives of the Ministry of Construction and the Department of City Property of Moscow (DGI), which Kommersant has.
Developers will be able to terminate the contractual relationship immediately after the commissioning of the facility and registration of ownership of the first premises in the house.
Then the plot under the house is transferred to the common ownership of the buyers of apartments, and the sites with social infrastructure, together with the constructed facilities, are transferred to the balance of the municipality or region. The new mechanism, it follows from the document, will be temporary until changes are made to the legislation. The DGI confirmed this information. Rosreestr explained that the new algorithm was developed at the suggestion of market participants, adding that the issue of amending the legislation is being worked out. The Ministry of Construction did not respond to Kommersant’s request.
The situation with the lease of building plots is especially relevant in Moscow, since in the city 80% of development projects are implemented on land owned by municipal and federal property, says one of the market participants. In St. Petersburg, according to him, the share of land for building in private ownership is greater.
Now, as a rule, in the documents for the development of land in Moscow, the lease term is fixed for six years, while the building permit is valid for three years, explain in the Samolet Group of Companies.
That is, after the commissioning of the facility, developers have to transfer rent for another three years, adds Vladislav Preobrazhensky, executive director of the Moscow Investors Club (which unites Moscow developers).
The rental rate is progressive, so there are additional costs, says Samira Levshina, GR director of Sminex-Inteko. According to one of the developers, he is building up five sites of about 5 hectares each and must pay more than 2 billion rubles for the entire lease term.
Now the procedure for early withdrawal from the lease agreement is quite complicated, says Alexander Ruchev, president of the Osnova group of companies. According to the managing partner of Prime Life Development, Denis Konovalenko, developers go to court and, until its decision comes into force, continue to pay rent. Such proceedings usually last more than a year, adds Mr. Preobrazhensky.
After the launch of a simplified mechanism, buyers of apartments and other premises, in turn, will be able to quickly obtain ownership of their property, emphasizes Denis Konovalenko. However, in reality, for citizens, the norm looks ambiguous. In particular, they will have to pay for the land faster, while under the existing order this moment came much later, says Nova Consulting partner Pavel Zhelnovod.
Almaz Kuchembaev, head of the legal agency Kuchembaev and Partners, adds that the new procedure also creates potential risks for apartment buyers.
“Developers, using the accelerated system, may not bring the adjacent territory to the required state,” he warns. This, he said, could be one of the reasons why the municipality had not previously terminated the lease agreement with the developer ahead of time.
According to a Kommersant source from among the developers, upon commissioning the facility, the developer is obliged to create playgrounds and recreation areas, to improve the adjacent territory, another question is what quality they will all be. If earlier, according to him, with imperfections, the developer corrected them, then after the early termination of the lease agreement, he may not do this.
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