Konstantin Boytsov told Pravo.ru about the current approach to issuing commissioning permits

The Supreme Court overturned acts of lower instances and remitted for a new hearing a case concerning the failure to issue a permit for commissioning due to an expired lease agreement for a land plot. According to the Economic Collegium of the Supreme Court, the expiration of the lease agreement does not mean that the work was unauthorised or in violation of the requirements of the construction permit. The Supreme Court stressed that the lessee erected the complex legally while the construction permit for the leased plot was valid, and the completion of the works was confirmed by Glavgosstroynadzor.

It is expected that the position of the Supreme Court of the Russian Federation will allow developers to overcome the formal approach in issuing permits. Since, as Konstantin Boytsov, Counsel, Head of Real Estate & Construction Practice at Maxima Legal, told Pravo.ru, that in most cases, the authorities authorised to issue permits adhere to the position that at the time of application for the issuance of the document must have a valid lease agreement.

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