Housing estates: how many times you can adjust the master plan development, as people assert their rights, who resolve disputes between the builder and buyer





03.03.2011 10:24
Articles about real estate | Housing estates: how many times you can adjust the master plan development, as people assert their rights, who resolve disputes between the builder and buyer Buying a suburban real estate, a person seriously examining the documents, compares the image on the master plan and the situation on the ground, and very often think that here it is, the picture will soon become a reality ... but it turns out, everything can change, but the villagers were not able to influence the developer

Svetlana, a resident of one of cottage townships on the Yaroslavl highway, to the choice of a country residence approached responsibly. She has two boys grew, so the environment area, the presence of a landscaped recreation area for children was a prerequisite. Since the project was under construction, a reference was the general plan. From the beautiful pictures it was impossible to tear your eyes: close to a picturesque pond located tennis courts, landscaped playground, beach and recreation area. In the township planned to build a kindergarten, an office building with a hotel and store. Serious argument in favor of choice was the fact that the owner of a construction company also built a house in the village for his family. The transaction took place.

But the objects are reflected in the master plan, appeared several years after the family moved to Svetlana for permanent residence and was short-lived. Tennis courts, it turned out, contain unprofitable. Kindergarten and not opened, or rather a mini-group sheltered in his house one of the residents of the village. The first playground in the village also built a resident of the village - a caring father - and at their own expense. That was provided and operates today - it's an office building with a mini-hotels and shops.

As explained by the magazine www.metrinfo.ru Svetlana, the villagers would put up with reality, if it were not for one thing. Developer revised the master plan and still undeveloped territory instead of housing built several storage sheds and leases them to different companies. To make matters worse, and that industrial zone and residential area are not major barriers and are now homes and industrial buildings are separated only boxes of houses under construction. About how to accommodate changes in the project with the villagers, it was not a general. But with the local administration entrepreneur all settled and got the necessary permissions. At the present time, ironically we can say that in the village all the "fair" - the developer gets the money - not empty warehouses, manufacturing functions, and the villagers - swallow dust, dirt and knead suffer from noise from the trucks plying to the hangars.


Infrastructure according to the rules

The story that we just talked - explicitly wrong. How should be arranged in the life of the city, ideally in terms of infrastructure? And another question - how can it affect people?

That the life of the city includes many advantages, is unlikely to challenge someone dare. But to far from city apartments family did not felt like on a desert island, you need comfort. Builders, erecting houses in the suburbs and surrounding areas, all very well grasped, so other than residential mortgage in the construction of necessary infrastructure. According to Alexei Kudryavtsev, Director of Marketing UK "Volga problem" if the developers care about the future comfort of customers in the townships, especially if it is not "one hundred percent of economy at 500 sites in the lapshovoy" cutting "in the territory will provide for areas for commercial, recreational, sports infrastructure. And if the settlement claim of status, it does not get along without catering, medical, health or wellness-facilities, mini-hotels. Fantasy developers often manifested in the appearance of specific objects: bakeries, breweries, zoo, ostrich farm, "Forums", etc. These objects become the basic "zavlekalochkoy" settlement, its distinctive feature. "In practice, a public zone in conventional settlements divert no more than 20% of the territory, 10% of the roads, interchanges and parking areas", - says the expert.

If the developer wants to diversify the range of infrastructures, it can, for example, to construct an artificial pond, plant a garden with fruit trees. "In our cottage business class Pryvillia", 110 km from Moscow to Simferopol highway envisaged a beach with protected mooring for storage of boats, outdoor cafe and gazebo surrounded by pine trees, and fountains with a landscaped recreation area ", - says Alexander Kovalenko, commercial director Uniparx Service. - In addition, there will be a club house, which will be the central place of communion and the rest of the villagers - with a restaurant, billiard room, living room, business center, a children's club with games room and children's playgrounds. "

Andrey Ignatov, CEO of Estate Investments, told us about the infrastructure of the residential complex of the Dubna River Club, which is located in the resort area of the Moscow Sea by the river Dubna. In the village - large recreation area, children's and sports grounds, the central pedestrian boulevard with access to the waterfront and the water in the territory of more than 4 hectares is landscaped park with a beach. The total area is at least 35% of the total area of building. At the entrance to the complex is a building with shops, cafes and fitness center.

Public Square area is largely determined by the status of the village - what it is, the higher the status. But as noted by Vladimir Yakhontov, Managing Partner MIEL Residential Real Estate ", saving developers sometimes cut public squares to 15% of the total land area, but it is wrong - because in addition to their own land and roads in the village have to be at least a place to walks. The status and expensive towns in the public areas are even parks with fountains and lakes, not to mention fitness centers and beauty salons. And in the villages of townhouses public areas may reach up to 50% of the total area of the village - due to the fact that their own small plots of land.

According to Alexander Dubovenko, Director of Development for Good Wood, in the villages of economy-class "public areas, including roads, occupy 15-20% in business class - 25-30%, while the elite - is not limited and can reach up to 50-60%.

Ilya Sapunov, CEO of "Beautiful Land", believes that if the village is about 100 hectare, then the public zone is allocated hectare 40-50. On this site can be built sports and playgrounds, stores, sales offices, pavilions and parks. And this ratio is preserved in almost all villages of the company. Additionally, in the village "Pine Bor-2" provides courts for tennis. In the village "Pine Scent" is planned to create a small artificial pond in the public area.


How many times can I change the master plan

Experts argue that the settlements being built by their companies, all will be at its best. More so that all objects are reflected in the general plan of the village. As explained by Samir Jafarov, commercial director of 1911 Invest (investor settlement of "Baden Hills"), a master plan - a formal document executed by the established rules, which includes a certain set of drawings for all SNiPs, rules, regulations and state standards. This document is for approval to the architectural and town-planning council. According to this document is building a village with a view of all planning decisions, engineering, communications, etc.

But the failure to previously submitted master plan - this is not a special case of Svetlana. Unfortunately the inhabitants of many towns after the settlement is not found in their villages of many objects, as reflected in the general plan.

As explained by Vladimir Yakhontov (MIEL Residential Real Estate "), correction of the general plan of construction - this is normal. The first correction occurs as the lining of communications, and then - as far as construction. Andrey Ignatov (Estate Investments ") has confirmed that the draft of the Dubna River Club" at the stage of development were carried out minor adjustments and increased entry of parking area at malokvartirnyh homes. Samir Jafarov (11 Invest) also noted that, if necessary, the developer can make reasonable changes to the master plan development, which will also require additional approvals from the administration. If adjustments are agreed, there is nothing illegal, agrees Alexei Kudryavtsev (UK Volzhskie problem ").

Experts are inclined to believe that the most significant changes occur in the townships without a contract. "In their master plan is conditional", - said Alexander Dubovenko (Good Wood). After a "developer" will sell all parts, it will not build anything. The expert believes that the would-be developer lead such an argument: "Who promised that all that is shown on the master plan will be built by the developer? Say thank you, that we have left these areas are not sold. Fold and build! ".

Alexander Kovalenko (Uniparx Service) confirms that even in villages with contract is quite possible that when, for example, initially in the town center planned for a public area which 3.2 ha, and then the developer has decided what part of it "cut" on land and sold out. There are cases where public zone is transferred from one location to another or abandon some objects that are to be built earlier.

Andrey Ignatov (Estate Investments ") believes that it is not always the correction previously submitted master plan - it's bad, as there are examples where the general plan change for the better, there is a clear zoning and growing area of improvement, so the village gets extra benefits in the eyes of the future tenants. "If the adjustment is held developer to solve their own problems or increase of built area, then this is a significant disadvantage for buyers of real estate in this town" - recognizes the expert.


What I want, and tossing!

Of course, it happens that the developer to change the general plan and not to blame. Many companies comply and the previously developed concepts and follow general plans and build the necessary infrastructure. But after a certain period, it ceases to function. And as already noted heroine of our story, it happens for reasons beyond the control of the builder. In many towns simply not economically worthwhile to have a kindergarten or school, to serve tennis courts or have a spa or sauna complex. But what to do when in town, for example, there is a industrial zone or some other object that the notion of bad tenants is associated with a quiet suburban life? Can the villagers to demand compliance from the developer of the developed and presented at the time of sale to the general plan? On this issue the magazine www.metrinfo.ru asked experts to answer.


Andrey Ignatov, CEO of Estate Investments:
Demand is necessary, but legally influence the development of compliance under the general plan is almost impossible. Much more important to track the progress of the construction site, ie as a developer implements conceived and beautifully painted on the master plan. Normal developer is always interested in quality incarnation of his ideas, and therefore tries to comply with the approved concept development of the site. And if it introduces changes, only those that lead to an increase in the overall attractiveness of the building.


Alexey Kudryavtsev, Director of Marketing UK "Volga problem":
For all problem cases customers can give one piece of advice: read the contract! The list of infrastructure projects must be written in the contract along with the time of entry into service. Infrastructure can build yourself a developer and considered as a separate business, or not regarded as such and be perceived as a burden. Also on the construction and operation of infrastructure facilities may be invited foreign operators, and the developer involved in such projects, land and utilities. These two approaches differ in that the first developer is offering buyers a coherent and researched the product, the village where it will live comfortably and entertain, but in the second - a short-term commercial interest of the developer may reduce the attractiveness of the village and comfortable living in it.


Vladimir Yakhontov, managing partner at MIEL-Residential Real Estate:
Buyers can not claim compliance with the general plan from the builder, who they saw - the fact that the sales contract as the object of sale in favor house and land, and not the entire village. Generally, the GA generally observed - simply because its failure is a serious blow to the reputation of the builder and developer. If, for example, in the general plan featured school, but it is not built, but in the pursuit of profit was erected on this spot a couple of houses - it is minus the developer.

Dubovenko Alexander, development director of Good Wood:
Require residents, of course, nothing can. Our advice - learn the reputation of the builder and developer. If he cares about his reputation, all promises will be fulfilled. If the developer is not a professional, it is quite possible that he is not fulfilling its promises. And not because he is a fraud, but because he was not properly calculated the economics of the project and the construction of social infrastructure will be for him a loss.


Naila Borodin, head of the project Suburbs "West Valley" of "Summer Project":
Buyers are entitled to claim from the developer that the latter had promised him in the sale of land and property. But all this should be reflected in the contract.


Alexei Averyanov, CEO of Vesco Consulting:
The best guarantee of respect for a master plan is approved in the district administration under the coordination of Project Planning cottage community. " But such a procedure are not all developers. And if the adjustment of the configuration of private land ownership to the buyer is not critical, then the absence of a settlement after the commissioning of fire water and claimed the infrastructure - is really a significant problem for future owners.


Alexander Kovalenko, commercial director Uniparx Service:
By contract between the seller and the buyer, the latter receives only a portion of the property. Common area is not owned by the buyer, therefore, the seller retains the right to modify it at their discretion. In this case, the buyer can only hope at decency seller. In order not to be among the deluded, it is necessary beforehand to gather information on developers, read forums, look at his completed projects, to check with the villagers about how they are satisfied with the actions of the developer, and only then deciding on a purchase.
Another way - to buy land in the final settlement, which has already built homes and infrastructure.

www.zagorodna.com

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