ILLEGAL CONSTRUCTION. QUESTIONS AND ANSWERS
Illegal construction. Questions and answers:
1. What is the scheme of such construction on the land for individual housing construction on agricultural lands? What are here performs the role of the local authority and the developer?
In a large square illegal construction is divided into construction on the land on which construction is not allowed (category of land plot or its permitted use), as well as construction on the plot which construction is allowed, but in the absence of a building permit.
The most common violation is the lack of a building permit, when in mind the physical characteristics of constructed real estate (not one of structure, and for example sets of buildings) the developer does not refer to local authorities (under the urban legislation of the Russian Federation are the authority issuing the construction permit) for obtaining a permit. The process of obtaining a permit like any bureaucratic barrier for the developer involves financial and time costs that the developer is trying to avoid due to the risk of demolition of buildings passed on to buyers of the property.
2. What is the role in this process, the so-called dacha Amnesty – when property in suburban areas can be institutionalized in an expedited manner? And what stage is this happening?
Dacha Amnesty as a social good has enabled the population to legalize properties built in the Soviet era, the documents of title which the people were absent, preventing, thus, the introduction of real estate into civil circulation. Citizens on dacha Amnesty could put on cadastral registration and to register the ownership of real estate, providing only the information (reference) for the technical data on the property, but not had to provide any documents of title to it, including the building permit. However, enterprising developers began to use the mechanism of dacha Amnesty registration of the newly created real estate listings, bypassing will not devriese procedures for obtaining construction permits.
Typically, such "substitution of concepts" occurred after the construction of the property, considering the fact that dacha Amnesty implemented built objects.
3. How do you explain a fairly wide coverage of illegal str-VA in the Moscow region – the lack of control of the process, the collective disregard for the law (and from buyers and the Builder, and more associated with greed), corruption (if it occurs here, in what is – if we are talking about unauthorized construction)?
Like any problem situation in our country, the process has several prerequisites, to identify the main of which are quite difficult. These include: 1) conflicting land laws that do not establish clear "rules of the game" for citizens, developers and local authorities in the construction process; 2) huge cash flow, rotating in a housing and land market in the Moscow region, seductive officials (to use a controversial interpretation of the law for their own selfish purposes, than we can talk not only about committing illegal actions, but also legitimate, but dependent on the will of the official, allowing him to provide what is right and not to provide), developers (operating on the principle of favorites, do not look at the reputation of tending to the here and now to get the maximum profit with minimum investment); 3) the low level of legal education of citizens, engaged in a dubious scheme of acquisition of property without conducting due diligence of the acquired buildings.
Regarding corruption it should be noted that it is important, because it is impossible to present a picture in which the local Supervisory officials of the administration have no idea about large-scale construction projects unfolding in front of them in the absence of any authorization documents they (the officials) have to give.
4. In your experience – who mainly buys housing in such facilities? Visitors, local residents, people who already have housing and want to buy something "in nature"? The behavior of buyers and participation in dubious schemes is the low level of legal culture or a desperate attempt to solve the housing problem on their own — given the high housing prices in General? If you have your practice in management of such cases, please tell us.
The contingent is different, because the motivational factor of the acquisition of such housing in different but generally due to low prices on such a dubious with increased risk of the structure:
someone wants to move to Moscow from surrounding regions without having the opportunity to purchase housing in Moscow itself because of high prices;
Muscovites who have accumulated a certain amount of money, dreaming of a country estate.
Primarily purchase such housing that is called "for itself", not as an investment tool for subsequent resale.
5. Controlling the processes of building bodies – whether they should track the development process in the area? And are they able to detect such a project "in the early stages"?
Paradoxically, but public bodies, which, anyway, must control the construction process abound. More the number of agencies that do not directly supervise the construction process, but in the course of arising construction sites in the region. However, corruption and low motivating factor for the proper performance of their duties gives rise to any apparent lack of control of many construction projects.
Speaking about the possibility of early detection of construction projects it should be noted that in this modern age of information and communication technologies, extensive databases is not something impossible. The construction works themselves are a huge event, which involved masses of people and technology, to conceal or disguise under which any other event is almost impossible. Of course, it is a question of the will of the local leadership. Not the awareness of local authorities, such things are impossible to write off, when socially active local residents are often the main informants of the authorities about the origin of the legal/illegal construction sites. Building for local residents, especially illegal, is an annoying factor, which they always write various complaints and denunciations. Not see such treatment can only be motivated to corrupt officials.
6. What legal mechanisms would prevent such projects?
Such can be referred:
— simplifying procedures for obtaining building permits (reducing barriers to the registration of necessary documents for law-abiding citizens and organizations);
— strengthening of responsibility for violation of legislation in this sphere according to the principle of inevitability of punishment;
— increase the transparency of land allocation for construction.
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