26.01.2022

City Hall has sued 30 million – the developer believes that the authorities also owe them money

The mayor’s office of Novosibirsk seized 30 million from Dzhulai’s company. The Novosibirsk City Hall seized 30 million from the company, but the owner does not agree with this debt

On March 16, the arbitration court satisfied the claim of the Novosibirsk mayor’s office to recover the debt from Alexey Dzhulai’s company. LLC “Discus-Stroy” was ordered to pay the debt for the lease of a land plot in the amount of 28 million rubles, as well as a penalty – 2.6 million. The head of the Discus Group of Companies intends to appeal the court decision and send a counterclaim.

What kind of debt?

The rent arrears of Discus-Stroy began to grow in February 2019. By January 2020, it amounted to more than 28 million rubles. According to the lease agreement, due to the failure of the lessee to fulfill the obligations of the lessee, the city authorities additionally charged Diskus-Stroy a penalty in the amount of 2.6 million rubles. The mayor’s office of Novosibirsk sent a pre-trial notice to the company, the founder of which is the deputy of the city council Alexei Dzhulai, but payment of debts and penalties to the city budget has not been received.

– Evidence confirming the fact of making rent payments for the period presented for collection was not presented by the defendant in the case materials, – the court records say.

Under the terms of the agreement, Discus-Stroy LLC leased out a land plot for construction, which is located in the Oktyabrsky district of Novosibirsk and is part of the Plyushchinsky housing estate being built up by the Discus company. The area of ​​the site is 267.5 thousand square meters. The municipal land lease agreement between the Novosibirsk City Hall and Discus-Stroy LLC was signed in April 2013.

– The representative of Discus-Stroy LLC in the court session explained that, in the defendant’s opinion, the established amount of rent was not confirmed, since the land plot had been divided. An additional agreement with the defendant has not been concluded, and the declared amount of rent does not meet the requirements of the resolution of the government of the Novosibirsk region of June 10, 2015, – according to the decision of the arbitration court.

The Arbitration Court of the NSO did not take into account the arguments of Discus-Stroy, noting that “the behavior of the defendant cannot be recognized as the conscientious behavior of a participant in civil legal relations”.

What they say in “Discus-Stroy”

The head of the Discus Group of Companies Alexey Dzhulai believes that the city authorities should reimburse their company for the costs of eliminating deficiencies on the leased land plots. According to him, when the mayor’s office rents out a land plot for the construction of a residential building, it is assumed that it is provided with heat, electricity, water, and roads are also built to it. All technical conditions are prescribed in the auction documents for the right to use such a site. If there are no conditions, then the house will not be able to be put into operation. At the same time, notes the head of the Discus Group of Companies, in the city center, where all the networks have already been installed, you just need to get permission to connect.

– And it is quite another matter when sites for the integrated development of land plots were cut during the construction of microdistricts. In this case, according to the City Planning Code, the responsibility for heat supply, water supply and further, as well as for the construction of roads to the plots of land allocated where residential buildings are to be built, is the responsibility of the municipality. That is, the plot allocated for construction must be provided with the ability to connect to networks, and it must also be suitable for building a house. But due to the crisis, these obligations were not fulfilled – the power engineers did not build the networks, the mayor’s office did not build the roads, – explains Alexey Dzhulai.

As the head of Discus notes, such land plots have shortcomings, which the developer is forced to eliminate at his own expense, later presenting his costs to the municipality. Alexey Dzhulai refers to Article 612 of the Civil Code of the Russian Federation, according to which the lessor is responsible for the shortcomings of the leased property.

– And there is nothing new and supernatural. The roads were built by such organizations as Energomontazh, KPD-Gazstroy and others, and then they were reimbursed for the construction of these facilities in full. This is normal practice. And in this regard, I have a question: why, when our organization does the same thing that other companies do, there is so much noise and questions? With the help of our organization, all the roads of the Plyushchinsky and Prostorny microdistricts were built, water conduits were taken out, dewatering was carried out, and so on. And, according to the law, the cost of these works must be reimbursed by the municipality. The costs that we incurred, actually bringing in line at our own expense the land plots allocated to us for construction, many times exceed the requirements of the mayor’s office. The amount of work performed by us only for the construction of roads,

Alexey Dzhulay believes that the most civilized way to resolve this situation is to go to court.

– We will send a counterclaim, which will be more than 30 million rubles, where we will ask to reimburse our costs for eliminating the shortcomings of the land plots allocated to us for construction. I repeat that there is nothing new or sensational in this practice, this is typical for all large developers, such as Energomontazh – Rodniki, KPD-Gazstroy – Chistaya Sloboda or our company. All questions on reimbursement of expenses for road construction and so on are resolved through the courts, – added the head of the Discus Group of Companies.

The amount that the city budget does not receive because of the debtor tenants has been worrying the deputies and public figures for several years. 4 billion rubles of debt for rent is a cosmic figure. For a long time, the mayor’s office of Novosibirsk refused to name the debtors, although this, according to the deputies, would have already helped to fight them. On December 1, the list was published, and it turned out that it largely consisted of bankrupt companies.

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