Court in Nizhny Novgorod ruled to destroy six floors of an uncompleted shopping / Новости / Коммерческая недвижимость CRE / Аренда офиса Москва, продажа офиса, аренда склада в Москве, продажа склада, аренда продажа помещений, офисная недвижимость, складская недвижимость, торговая недвижимость / Commercial Real Estate

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Court in Nizhny Novgorod ruled to destroy six floors of an uncompleted shopping 12.11.2009

The Court of Nizhny Novgorod region decided that OOO Metallimpress-Nedvizhimost has to remove six upper floors of the 16 floor business center under construction.

The Court of Cassation of Nizhny Novgorod Regional Court ruled to remove six upper floors of an uncompleted 16 storey office building, willfully built by the developer. The court allowed OOO Metallimpress-Nedvizhimost to get a title for the part of the building up to 32 meters high, as this is the maximum height for buildings to be built in the neighborhood of Alexander Nevsky Cathedral, a historical monument of federal significance.

The construction of the business center in Kertchenskaya Street started last August and the investor did not receive construction permission from the City administration. This resulted in state expertise review granting a refusal for the project. Nonetheless, the developer completed the 16 storey building while trying to appeal the case. The construction was still stopped administratively. The company previously planning to invest over 500 million rubles into the construction explained that it was in a hurry to complete the construction because it had taken a lot of time to finalize the urban planning documentation and the company was trying to avoid losses incurred by wasted time.

The city authorities and the prosecutor’s office decided to go to court. The first case was won by the developer: the Court of Kanavinsky District did not support the claim of the City administration and prosecutor’s office to demolish the future office center and sustained a cross claim of OOO Metallimpress-Nedvizhimost to receive the title for the building. The Mayor’s office said that this court decision set a dangerous precedent when a plot owner “would build everything they want”. Four parties went to the court with a cassation appeal: the City Administration and prosecutor’s office were supported by the Regional Ministry of Property Relations and Management of Cultural Heritage Protection.

The officials were happy to have their appeal granted: the press service of the Government of Nizhny Novgorod said that the decision on partial removal “is quite appropriate and most likely will not be appealed”.

Experts believe that the company has nearly no changes to have the judgment reversed in other court instances.

CRE

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