Moscow State University is asked to demolish the housing

Rosreestr requires the demolition of facilities on the university grounds.
As it became known to Kommersant, Rosreestr is trying to recognize as illegal the construction of residential complexes Shuvalovsky and Dominion on the lands of Moscow State University in the south-west of Moscow: one of the largest projects that were once realized by Inteco company owned by Elena Baturina. If the university fails to prove the legitimacy of construction in court, then in the worst case, officials will demand demolishing objects that are not related to the educational process, at best - paying a minimum of 2 billion rubles in fines.

Last week, the cassation instance of the arbitral tribunal sent a new case for the unjustified use of almost 122 hectares on Lomonosov Avenue in the Ramenok district in the south-west of Moscow. This land, owned by the Russian Federation, is in perpetual use by the Moscow State University (MSU). It allowed the construction of a new complex of buildings of Moscow State University. But in 2015, Rosreestr's office in Moscow found that in 2008 the land had been used to build housing and commercial real estate by Inteco CJSC, which at that time belonged to Elena Baturina (in 2011 she sold the company to BIN Group owned by the Gutserievs-Shishkhanovs family). We are talking about the projects Shuvalovsky and Dominion, where Inteko erected about 800 thousand square meters: the relevant decree of the Moscow government in 2004 was signed by the then mayor Yuri Luzhkov.

Under the terms of the contract, the developer was exempted from creating an engineering infrastructure. In return, Inteko financed the construction of a new library and other facilities at Moscow State University. Earlier it was reported that Inteko planned to invest in Shuvalovsky and Dominion projects up to $1 billion. In the Shuvalovsky complex, Baturina even reserved two apartments for her daughters, in case they enter Moscow State University, she told in 2008 in an interview to Vedomosti.

Although the lawsuit between the university and Rosreestr was initiated almost two years ago, no details about it were reported. From the recently published materials of the court it follows that by September 2016 Rosreestr demanded that MSU eliminate violations. That is, Rosreestr actually recognized objects located on the disputed site, as unauthorized structures and ordered to demolish them. For failure to comply with the requirements, Rosreestr drafted a protocol on the administrative violation, according to which the university faces a fine of 1-2% of the cadastral value of the plot, or 300-600 million rubles. But the decision of the cassation can change the situation in favor of the university.

Inteko (acting as a third person in the dispute), told Kommersant that they were satisfied with the decision of the cassation, since the claims do not have a sufficient basis. The press service of the Moscow State University failed to prepare any comments within two days. A source of Kommersant in Rosreestr says: MSU has not yet submitted documentary evidence that housing construction is possible on the disputed site. This is exactly what the lower courts should have studied, but they ignored it and motivated the court of appeal to send the case for a new trial.

In the court, MSU lawyers stated that in 2004 an investment contract between the university and Inteco was approved by the Federal Property Management Agency, but Kommersant failed to verify this operatively. In addition, according to the lawyers of the university, in November 2011 the mayor's office, issuing a town-planning plan for building a site for the construction of a boarding school for gifted children and a hostel for students at the Lomonosov Avenue (now also being built by Inteco), admitted: it is possible to build there not only educational objects of the Moscow State University, but also housing, offices, objects of trade, public catering, etc.

One of the officials of the mayor's office claims that only 122 hectares were subject to commercial development, and not the entire site. He admits that if MSU fails to prove its case, then there will be a serious problem: in Shuvalovsky and Dominion all apartments are sold out. However, even when Yuri Luzhkov was the mayor, the authorities recognized as illegal buildings two penthouses with a total area of about 2.5 thousand square meters in the already sold out "House on Mosfilmovskaya" - another landmark project of the times of Mr. Luzhkov (the developer was Don-Stroy, which then belonged to Maxim Blazhko and Dmitry Zelenov). But in the end, the parties agreed to have a peaceful settlement. 

If the Moscow State University, upon reconsideration of the claim, can not achieve the cancellation of Rosreestr's decision, the university may try to change the type of permitted use of the site where the housing is built, said Alexandra Elizarova, lawyer of the department of land and property relations of HEADS Consulting. But from last year's letter of the Federal Property Management Agency, which is given in the materials of the court, it follows: now the change in the form is not possible. "It remains only to achieve an amicable settlement," the official of the mayor's office summarizes. Another interlocutor of Kommersant asserts that in this case the university can expect huge fines: from 2 billion rubles and higher.