FBK Legal experts successfully challenged the Moscow City Property Department’s decision

The FBK Legal experts successfully resolved a dispute with the Moscow City Property Department over a supplementary agreement to a land lease agreement which provides for the change of intended use of the land from mere lease to construction or reconstruction.

Elena Bokareva, Manager of Legal consulting department of FBK Legal, noted that “it is a precedent-setting case which will pave the way to challenging decisions of the Property Department to refer cases regarding agreements supplementary to lease agreements for consideration to the Moscow Urban Planning and Land Commission.”

According to Alena Ermolenko, Senior lawyer of FBK Legal, a member of the project team, this dispute has far-reaching implications for investors who had got land plot development plans before the Moscow Urban Planning and Land Commission was actually established in late 2010. “The intricacy of the issue is that the Commission is not a legal entity and its decisions are within the scope of its inter-departmental regulations which are not to be challenged in court.” We, however, did prove that supplementary agreements granted to investors who obtained land plot development plans during the then effective rules and regulations are within the remit of the Moscow City Property Department and may be challenged in court.

For over four years a team of FBK lawyers has been actively engaged in a series of disputes with the Moscow City Government on behalf of one of its clients over obtaining permits to allow reconstruction of an office building in the city centre.

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