The Untouchables: developers extended impunity

08.10.2010 10:07
Articles about real estate | The Untouchables: developers extended impunity Yanukovych is legally allowed developers to delay completion of work at construction sites as much concern until 2013 when the buyer, who managed to fully pay the future of housing, up to that time forbidden to break the contract.

Builders argue that the innovation will help them to gather strength, but ordinary investors and the desire of builders of lawyers formally otlinyat from his duties scares in earnest, writes

Beneficial for selected

The President signed the law number 2504 on amendments to the so-called anti-crisis law № 800 of 25.12.2008, which introduced a ban on the termination of contracts by private investors buying apartments in the construction sites. The initiators of changes made by some people's deputies, part-time management and possess the largest construction companies: Yuriy Serbin (LLC Ekobud), Vladimir Polyachenko (HC Kyivmiskbud) and Nver Mkhitaryan SC Poznyakizhilstroy). Despite belonging to different political camps, they were two years ago were able to stretch to the Verkhovna Rada of anti-crisis laws, and now - lobby for the extension of its validity.

Minregionstroy distanced himself from the specified question - they say that we participate in its development did not take, it's the responsibility of people's deputies. As explained by the Deputy Minister Dmitry Isayenko, the agency ambiguous attitude to the law. "On the one hand, it provided an opportunity for some builders to breathe. On the other hand, careless builders have simply ceased to pay off investors, "- he said.

Sami people's deputies, the builders are very optimistic and believe that much of this was once the law they will certainly help. For example, one of the authors of the first versiizakona, Igor Lysov (part-time - the honorary president of Liko Holding "), convinced that the changes will help the market, need only a more active position of the state.

Like, at one time, he personally asked Viktor Yushchenko to make to earn a law, but neither he nor the National Bank did not do anything. "So now we think, or let the law operates, or let the Constitutional Court overturned the decision of Parliament", - said the deputy. He promised before the end of this year to develop mechanisms for using "careless construction companies to complete construction of their facilities.

Glad to innovation and conventional builders. For example, the deputy director of the company "TMM" Alex Govorun to extend the moratorium sees the desire to appropriate government agencies to support the construction market and developers. "This change will support primarily, bona fide developers" - he said. But adds that it still does not help complete the facility, on which 18 months of virtually no conducted.

"If the company originally had no desire to fulfill their obligations, and since the crisis started it on a step has not progressed in the construction of its objects, not principal, how much time she has" - he says. Therefore proposes to limit the application of the stay only to those cases where there is evidence is that the developer does, and intends to fulfill obligations to investors.

But most ekspertovschitayut that extending the ban to break treaties, as dead poultices. If the developers really did not find money for the completion of its facilities for two years, then another imvryad to help. Little hope and a state - for example, as part of affordable housing in budget has been allocated only 390 million USD. (This, according to D. Isayenko, enough for 900 apartments), of which Minregionstroy yet received only 100 million count on bank lending, of course, still too early.

Trial of "justice"

Initially, a ban on breaking contracts to function for up to 01/01/2012. Now, however, unscrupulous developers (and the last couple of years have shown that these - the majority) can lawfully and with impunity does not fulfill its obligations for another year.

"Unbroken" a term primarily affect those customers who have purchased apartments eschevo times the current mortgage. Because conditions of nerastorzhenii the treaties on which carried 100%, I pay. Of course, the law provides for the termination of the contract by mutual consent, but the chances that the developer is going to be close to zero.

In itogedlya investors unfinished apartment becomes a dead weight, because, as explained by lawyers association Arzinger Lada Zhurbelyuk, calculation and payment of developer penalties (they have traditionally been provided in the contract) and recoveries of art. 625 CCU (debt collection, taking into account the inflation index, as well as 3% per annum) would be impossible as long as the "turnaround" ban.

And this is the legal situation confirms the judicial practice. It tells the LA Zhurbelyuk, in their decisions the courts emphasize that the requirements of the investor to terminate the contract and return of funds paid to be premature in view of this legislative rule.

And despite having registered in the contract clear timeline for delivery of the object, the court does not see their transfer as a material breach of conditions. Thus, the reason for breaking the contract under Art. 611 CCU and for damages to a hundred. 623 MAS simply does not. "As a result, courts have refused to meet the demands of investors to terminate the contract with the developer," - says she is.

On terror can not take

In general, as the LA Zhurbelyuk, the trend toward strengthening the position of developers is not a joke is gaining momentum with each new piece of legislation in the construction industry. "Many experts are alarmed by this trend, as it threatens the complete leveling of the rights of private investors. And though no one is not surprised by the fact that Ukrainian legislation long ago lost the balance between business interests and the rights of private investors, such legislative innovations can not be ignored and taken for granted. Otherwise, tomorrow we will find ourselves in a situation where legislators generally impose a ban on the cancellation of contracts of sale and purchase of housing regardless of their performance, interest paid for the cost and any other terms and conditions "- warns lawyer.

But the builders have a different opinion. For example, A. Govorun not expect that this change will affect prices and volumes of sales in the primary residential real estate. And I. Lysov does the opinion that "more and more people are not scared. However, it is unlikely to mean that there is nothing more frightening.
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