The Supreme Court approved the demolition of illegal buildings at Kashirsky Dvor
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The Supreme Court of the Russian Federation (SC) upheld the complaint of the capital’s property department, demanding that three buildings in the Kashirsky Dvor shopping complex with a total area of about 4 thousand square meters be declared illegal and demolished. m. The land under these buildings was rented by JSC Kashirsky Dvor from the Moscow City Hall for the purpose of exploiting the construction market and placing temporary non-permanent pavilions.
During the inspection, the capital’s state real estate inspectorate discovered unauthorized buildings. After this, the authorities demanded that the court declare the disputed objects illegally built and oblige the company to demolish them at its own expense. The Moscow Arbitration Court ordered an examination, according to which the buildings threaten the life and health of citizens, and granted the claim. But the appeal and cassation courts overturned this decision, siding with the company. According to the courts, the statute of limitations for the mayor’s office’s claim has expired, since the disputed objects were built back in 2007, and in 2013 they were included in the state real estate cadastre as capital construction projects. In addition, an additional examination of the buildings at the appeal stage did not give an obvious answer about the presence of a threat to the city residents, and the courts considered the buildings themselves to be auxiliary and not requiring a building permit.
The Moscow Property Department succeeded in transferring the case to the Economic Collegium of the Supreme Court, which ultimately supported the department’s position. In the published ruling, the Supreme Court indicated that the appeal had no grounds “to reject the initial expert opinion as relevant, admissible and reliable evidence in the case” and to give preference to the conclusions of the additional examination. The buildings are “capital construction projects” and cannot be recognized as auxiliary, and during their construction, “building codes and regulations and fire safety requirements were violated.” Since the buildings pose a threat to the life and health of people, statutes of limitations do not apply here, the board noted. As a result, the Supreme Court ordered the company to demolish the controversial objects.
Read more about the dispute in the Kommersant article. “Kashirsky Dvor came to the Supreme Court”.
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