Regarding: The possibility of changing the purpose of a premises and transfer the status of the real state from habitable to noninhabitable
Partner: Anatoliy Menshikov
Court: Kievskiy district Court of Simferopol
Date: February 2008
Commentary:
Legal Alliance often becomes trapped by collisions and gaps in the law. The firm is forced to obtain many regulatory decisions and permit documents that actually duplicate one another, requiring excess expenditure of time and money. Thus, having a permit from the executive committee of Simferopol City Council to reconstruct apartments located in the real estate object that have a non-habitable status and having an approved by executive committee act of the state commission concerning permitting exploitation of the finished real estate object (with non-habitable status), BTI refused to register property right to construct, alleging the fact that it has a habitable status.
The given court decision clarified following issues:
- Whether the refusal of BTI to register property rights to construction as an non-habitable is legitimate, taking into account that there is the permit to reconstruct and lawfully obtained recognition of the apartments as inappropriate for habitation.
- Whether decision of the executive committee regarding the recognition the premises as non-habitable, permit of the State Commission regarding the exploitation of the finished object (with non-habitable status) approved by the decree of the Executive Committee of the City Council are enough in order to change the status of the real estate object.
