Penza, 14 June 2012. PenzaNews. Cases of apartment blocks’ construction on the land allocated for the individual houses, which is a significant violation of town planning and land legislation, are found in Penza. According to the words of the Deputy Head of the State Inspection in the housing and construction sectors, and for supervision of the technical state of self-propelled machines and other equipment of the Penza region, Alexei Lisov, developers do not transfer such sites in a different category, since individual construction involves certain benefits.

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“According to the Town Planning Code, an individual house developer is not required to prepare project documentation. In addition, registration in such a facility is carried out according to the scheme similar to registering country houses (dacha), where the home owner only provides documents for the land and cadastral passport, registration chamber registers it, after that the sale of shares begins,” clarified the agency’s interlocutor.

According to his words, when buying an apartment in such a building citizens risk facing a number of difficulties.

“When people buy an apartment in an apartment block built on the land allocated for individual housing construction, they cannot register their ownership of the purchased apartment, but only the right to share in the common share property in the dwelling house. Plus, the size of the site does not allow organizing a decent recreational facilities and parking. Communications do not meet the requirements of an apartment block, and concluded agreements do not subject to the federal law “About participation in shared construction of apartment buildings and other real estate and about amendments to certain legislative acts of the Russian Federation”, which does not protect the state as a participant in shared construction,” said Alexei Lisov.

He stressed that the only way of protection against such fraud is an agreement of shared construction, while the developers of the land allocated for the construction of individual houses, offer to sign a work contract, under which the buyer acts as a customer.

“If you enter into an agreement of shared construction, it automatically means that the company has all the necessary documents,” clarified Alexei Lisov.

However, as the interviewee noted, the law does not stipulate clear signs that classify a particular building as a private dwelling house. “We come and see the size of the foundation, which is clearly not for an individual dwelling, but the developer claims to have a large family and many relatives,” said Alexey Lisov.

He stated that such violations are now committed in the cottage construction district, Argunova St., in the area of private housing, Gogol St, and in the district of Ternovka, about 10 buildings altogether.

“The full stop in the whole situation could be put by the city administration, filing suit for the demolition of such houses. But so far no case has been completed. In the case of satisfaction of the claim and the demolition of illegal structures there is no guarantee that the development company will return money to the clients who have purchased housing,” summed up the interviewee.