The collapse of stalls: why the Moscow authorities demolished trade pavilions


Why now, started to be demolished trade pavilions in Moscow?

Before to make the decision about demolition of objects recognized by the squatter could only court. But in September 2015, came into force paragraph 4 of article 222 of the Civil code of the Russian Federation, according to which the local governments of city district have the right to independently decide on the demolition of unauthorized construction if the land on which the building has been reserved for other purposes or if it is located in the zone with special conditions of territory use. 8 December 2015, the Moscow government adopted the decree “About measures on provision of demolition of unauthorized constructions on certain territories of the city of Moscow”. It provides for the demolition of objects recognized by the city authorities for self-construction because of improper paperwork, being on public lands or on sites with utilities.

February 8th has expired term of voluntary dismantlement of illegal buildings, so the demolition had to start from 00.00 hours on 9 February — on a schedule approved by the prefectures, explained to “Vedomosti” Deputy head of state Inspectorate for real estate Timur Zeldich.

What is a squatter?

A squatter is any object that was built on the land without the consent of the owner, or the one that was built with substantial violation of urban planning and construction norms and rules, explains partner of the Collegium of advocates “Yukov and partners” Marina Krasnobaeva. Also the unauthorized construction by a court decision can be recognized as an object that threatens the life and health of citizens, she said. According to Krasnobaeva, if owners of objects have the ownership of it, the decision to demolish must be made by the court.

Whether these objects are squatter?

Most owners have fallen under the demolition does not agree with the actions of the authorities. They decorated all the documents on the property, said last week at the public hearing, the Executive Director of the Moscow branch of OPORA Russia Sergey Seliverstov. According to him, facilities were built on the city authorities allocated sites in accordance with applicable at the time of their construction rules and regulations. “Business Russia” has tested 50 addresses from the list and found that all the objects of a registered right of ownership. In addition, 27 were adjudicated on the absence of squatter spoke at the meeting of the Chairman of the branch office of commercial real estate “Business Russia” Eduard Gulyan.

Than the Moscow authorities motivate the need of demolition?

Moscow authorities claim that the demolished trade pavilions are a threat to the health of citizens in case of accidents or emergencies, said on Monday first Deputy head state inspection for control over use of objects of real estate of Moscow Timur Zeldich. “These objects are in engineering services, and it means that they potentially dangerous in and of itself, and from the point of view of operation of engineering networks. First, none of the Supervisory authorities does not know how to build these objects, how they were taken into account the relevant rules and regulations. Secondly, for example, in any accident of a heating system or gas pipeline emergency services will be unable to promptly eliminate the consequences, simply because they interfere with the object of unauthorized construction, and in fact is already capital”, — he said (quoted by TASS). In addition, the dismantling of the pavilions has made the metro authorities as “objects placed in the technical zone of the underground… create loads on bearing structures of underground, hamper the implementation of anti-terrorist measures”.

Who was hit by this demolition?

Under the demolition on 8 February were 104 object in different districts of Moscow, including in the Central administrative district. In the list of sites slated for demolition — as small stalls and major shopping malls: shopping center “Pyramid” near metro station “Pushkin”, shopping center “Albatross” at the station “Schelkovskaya”, and a shopping arcade at metro stations “Chistye Prudy”, “Kropotkin”, “Arbat” and “Ulitsa 1905 goda”. 97 of 104 objects from demolished and now in the process of demolition, said the representative of the inspection office.