The return of the “long bucket”: what will be demolished in Moscow this summer

During the demolition of the retail pavilions in Moscow, February 2016

The next hundred

The mayor of Moscow Sergey Sobyanin at the meeting of the government Presidium on June 28 instructed to continue the demolition of unauthorized constructions. New list to be eliminated appeared on the website of the government of Moscow. Now it includes 211 units, of which 104 have already been in the list at the beginning of the year (see “First wave”) and 107 — new’, where the demolition will take place this summer.

The area of the “new” 107 objects, according to the Moscow government, is 31 thousand square meters Among them, along with quite a few buildings there are real shopping malls, for example, a two-storey complex with an area of approximately 3.7 thousand square meters near the metro station “South”, which placed the Bank of Moscow and “Sushi-Shop”, or torgtsentr 2.5 thousand square meters near the “Teply Stan” where the fish shop “Ocean” and fora-Bank.

For demolition get objects, located mostly near the entrances to the hallways and underground passages of subway stations. As a rule, small shops selling flowers, food, confectionery, and pharmacy, a bookmaker, communication salons, shops of “live beer” etc “Trimmed” the area near the metro station “Ulitsa 1905 goda”, “Kropotkinskaya”, “Park Kultury”, “Dobryninskaya”, “Prospekt Vernadskogo”, “Teply Stan”, “Bibirevo”, “vidradne”, “Dmitrovskaya”, “day”, “Electrozavodskaya”, “Volga”, “Nakhimovsky prospect”, “Kakhovskaya”, “Nagatinskaya”, etc. “the City continues to be free from hazardous squatter. We are talking about objects located on utilities, the road network, in the protected zone of underground”, — a quote of Sergey Sobyanin on the site of the city hall.

Of the tenants the largest victim was “Euroset” — it is because of the demolition will lose at least eight facilities of “the Messenger” — four, “New book”, pharmacy network “36,6” — on two sites. Three of the salon “Euroset” and so planned to transfer due to low traffic, while the remaining five have forced the move, said the representative of the retailer Ulyana Smolski: “We knew that after the first wave of demolition will be a second wave. The first wave was demolished about 13 of our facilities, but in fact for us it was a change of location — we moved equipment and goods. Of course, a suitable place has been found in advance.”

Demolition enters the building near the metro station “Dmitrovskaya”, street Butyrskaya, 86g, which is a coffee shop “chocolate” with an area of about 150 sq. m. “We have been working in this place more than three years, the current list of objects to be demolished appeared just a few months ago. We will continue our dialogue with the landlord about compensation for the damage caused to us, — told RBC managing Director of the network of coffee houses “Shokoladnitsa” Alex Cairo. — This place was the best — near metro, high traffic. To find an alternative site would be extremely difficult.”

“When we choose the locations for a new store, then lay this risk factor in the business model,” says the owner of a network “Hut” Andrey Krivenko, he has demolition got a shop on the street of Azov. — Our main cost is equipment, which can quickly pick up and move to another object. Nothing yet, we are not broke”.

Photo gallery
The demolition of the retail pavilions in Moscow

In the night of 9 February in Moscow began a massive demolition of the retail pavilions that the city authorities have recognized the squatter. In total, according to Moscow government resolution, should be demolished…

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Demolition without graphics

The owners and tenants of objects included in the list, the government must send written notice of the demolition within a week from the date of publication of the relevant regulations, and the Prefecture — to install information boards with a message about the dismantling, then the owner has two months to voluntarily dismantle the object and to clear the record of ownership in the USRR.

In this case, the owners of unauthorized constructions have the opportunity to obtain compensation, otherwise the objects dismantles local Prefecture forces GBU “highways”.

According to sources RBC at city hall, one-time demolition, as in February, most likely, will not. “For us it is a systematic work, we have no plans, charts, in this regard, we are creatively free. Date and time of the administrative dismantling is determined on the basis of the main tasks to prevent inconvenience to the residents,” — said the head of state Inspectorate for real estate of Moscow Sergey Sokurov. The timing of demolition will vary from object to object, said the press Secretary of the inspection Maria Filaret: “In the near future will be established a procedure for notifying owners of the objects, respectively, the notice will indicate the deadline set for voluntary removal. Deadlines will be set depending on characteristics of area and number of storeys of the object.

The first wave

On the night of February 9, 2016 the Moscow authorities have demolished the 97 illegal buildings, the city hall was 104′. Among the destroyed buildings was as the stalls, and the whole trade pavilions, for example, torgtsentr “Pyramid” near metro station “Pushkinskaya”, “Albatross” near the metro station “Schelkovskaya”, and a shopping arcade at the metro stations “Chistye Prudy”, “Kropotkin”, “Arbat” and “Street 1905”.

The decision to demolish was made in December, but the majority of property owners and tenants were in no hurry to leave the premises or independently to bear. It turned out that some objects were beginning to retire when there were still sellers.

The lawyers and the owners of the pavilions are demanded to provide the documents on the basis of which should be the demolition of buildings, but the police refused to show the paper. At least one of the protesters, came to the pavilion on “Clean ponds”, the police detained.

The hasty action of the municipality head of the Department of science, industrial policy and entrepreneurship of Moscow Oleg Bocharov explained by the fact that the objects “are a threat to the life and health of people.” According to opinion Polls, the mass demolition of the retail pavilions in Moscow was supported by 63% of residents, 71% of respondents felt buildings erected “probably illegal” opposed by only 26% of respondents. While Muscovites demonstrated a high level of awareness about what is happening: the mass demolition of learned 94% of the capital and 40% said that they know them well and are interested in information about this.

The demolition of the unauthorized construction in Moscow two resolutions to regulate city government — No. 819 of 11 December 2013 No. 829 dated December 8, 2015. According to the state Inspectorate for the duration of the decree No. 819 in Moscow was demolished 1,85 thousand objects, in which the documents were designated as capital of them in 2014-m — 690, 2015, and 844, in 2016-m — 316. In all these sites the city hall has a claim, but they demolished only by court order or by the owners themselves. As a rule, are objects that are placed without property rights and without inventory documents. In rare cases, the property is situated on the cadastral account, but without rights of ownership.

A list of Ordinance No. 829 is the object on which the city has either lost a court or the courts have not considered the claim to the owners because he passed the three-year period of limitation. In this list, it was 104, about a hundred of which were demolished in the February “night of the long buckets”. Amendments to the Civil code, which entered into force in September 2015, provided the local governments the right to take decision on demolition of unauthorized constructions in an extrajudicial procedure, if any, located on the territories with special regime of use: for example, if the object has communication.

Objects that do not fall under the requirements of article 222 of the civil code of unauthorized construction, have the ability to avoid demolition, if such decision will make the Urban planning and land Commission (SLC), and if the owner will pay to the budget of the city a fine. “If the object of unauthorized construction is in the resolution No. 819, it can be potentially considered by the Commission is the ability to save through payment of city penalties,” confirms Sokurov. If the Commission issued a positive decision, after the payment of fines and providing all conclusions of the building can be saved.

According to him, such decision was made about 60 over the entire period of the suppression of unauthorized construction; the income of the city budget from the fines paid by the owners to legalize their objects, billions of rubles. However, on a positive decision, the Commission cannot claim objects that are on the communications or road network, and in the current list just like that.

Photo gallery
The demolition of the shopping center “Pyramid” in Moscow

In Moscow began the dismantling of the shopping center “Pyramid”, located near the metro station “Pushkinskaya”. The facility was the largest of the 104 objects of the Moscow…

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“Was the pit”

Businessman Norayr Saribekyan, owner of the two objects from the new list — on the street in 1905 on the Presnensky Shaft, says that volunteering does not going to endure and compensation from the authorities of Moscow to plans. “How can I volunteer to demolish the building, which is not a squatter? I have a judgment that is not a squatter. It is the tyranny of the government of Moscow, is under any law misses,” says Saribekyan. According to him, immediately after the demolition work he intends to sue the city government.

In 2013, the Moscow Arbitration court has refused satisfaction of the claim of Prefecture TSAO OOO “Soyuz-Sona”, “Bolero-N” and “Stayms-reel” recognition of buildings in the Presnensky Shaft of unauthorized construction (all three companies are owners of different parts of the building) in connection with the expiration of the three-year Statute of limitations. The recent decision of the court of February 4, 2015 issued in favour of Saribekyan. “We’re on this subject was two weeks ago, Mr. Shugurova on the Commission. He said that the claims against us and no objects are saved. Documents going to the Committee that it reviewed whether the appearance,” says Saribekyan. Nevertheless, his estate was put in the new list and will be demolished.

Attempts by other owners to sue the municipality also failed. In early June, LLC “Creation” has filed a lawsuit against the government of the capital and the Prefecture of the southern administrative district of 1.8 billion rubles — the company is trying to recoup their losses from the demolition of the building area of 1.5 thousand square meters during the “night of the long buckets”. The arbitration court will begin to consider it on 1 July. But the Moscow city government meanwhile is preparing a counterclaim against the owners of “Creation”, said Sokurov. The claim includes damages for unjust enrichment from land use, loss of payment for the use of this site, recovery of expenses for demolition work. In the new list of city hall, the “Creation” turned out to be six objects on the Kirovograd street and the Warsaw highway, told RBC lawyer Ruben Markaryan, representing the interests of the owner of the buildings.

“After “night of the long buckets tested the legitimacy of the decision. But in a decision dated 24 December 2015, the Moscow city court came to the conclusion that the Moscow government had sufficient competence for the adoption of this normative act. Building owners have pointed to the entry in the unified state register and the certificate of ownership, but the courts were skeptical about such statements,” — said a senior lawyer of the law office of Maria Ponamoreva A2. She recommends the appeal against the authorities ‘ actions on procedural issues: failure to inform, failure to comply with the measures to determine areas for storage of the items held in the unauthorized construction. “But if there was no resolution or it was framed with disabilities, it is virtually useless to defend something,” says Ponamoreva.

The owners of the objects that have been recognized as a squatter in June, had sent a letter to President Vladimir Putin, said the head of the Association of property owners Vladimir Kapustin. They are asked to await the decision of the constitutional court. But in April 2016, the Supreme court has recognized lawful the resolution No. 829 and refused LLC “Asterisk” in the exception object on Prospekt Mira from the list of self-construction.

“Suffers mostly not a small business, the injured party is the government of Moscow, which took away the territory, — Sokurov. — The same Chistye Prudy showed that was not the pit, and forgot everything, now it is the urban area enjoyed by residents.