05/07/2017

The Law on Renovation came into force earlier than expected

Konstantin Savin, Head of Real Estate and Construction Practice, commented for Kommersant on the matter of renovation.

The Federal Law on Renovation in fact blocked the inclusion in the renovation program of the residential buildings that were not included in it before it was published. The Moscow City Mayor's Office extended the voting on the issue of inclusion in the program until July 15 through the general meetings of homeowners. According to Kommersant's information, in dozens of residential buildings throughout the city, general meetings of homeowners were scheduled for the first half of July, but according to the Law, only those who managed to vote before its entering into force can join the program. Now the list can only be expanded through amendments to the Law or through a court, say the lawyers interviewed by Kommersant.

Article 14 of the Law on Renovation states that only those residential buildings in which voting on this issue was held prior to the entry into force of the law, that is, before July 1, may be included in the draft program. The Moscow Government on June 14 amended its resolution on renovation to shift the deadline for the voting on demolition and resettlement of the residential building from June 15 to July 15, 2017: it was about the residential buildings that could decide on inclusion at the general meeting of homeowners (GMH ). At the same time, the resolution stipulated that the voting could be held before July 15, but "not later than the effective date of the Law on Renovation". At the time of adoption of the resolution, the effective date of the Law remained unknown, on that day the State Duma only approved amendments in the third reading. Proceeding from this, residents of a number of residential buildings have planned to hold the GMH in the first half of July.

But on June 28 the Federation Council approved the Law, and on July 1 it was signed by the President. According to Article 15 of the Law, it shall come into force from the day of its official publication (July 1). Therefore, no citizen voting after this date will have a value for including the residential buildings in the renovation program: now this will require changes in the Law.

"It is surprising that the date of entry into force for such a serious law was established as the date of its official publication," says Konstantin Savin from Pavlova & Partners. With respect to federal laws there is usually a transition period to at least give people the opportunity to read it and prepare. In this case, it would be logical to postpone the entry into force of the Law for at least two or three months, so that those who wish could hold the GMH".

More https://www.kommersant.ru/doc/3342777



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Ирина Кошечкина

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