A company obtained a building permit and began to build a sports and entertainment complex. Before finishing it, the company registered title to the object of unfinished construction. Several years later it applied to the administration of the Zanevskoye settlement in the Leningrad Region to have the building permit extended, and was refused.
The refusal was based on changes to the land-use rules, which no longer allowed a property of that kind to be built on the company's plot. The courts of three instances upheld the administration.
The Supreme Court, however, took the developer's side and set the earlier decisions aside.
The court took the view that a change in the town-planning regulations must not impair the company's rights if the property under construction does not threaten human life or health, or the environment.
This decision confirms an important principle: the right to finish construction that has already been started is preserved even if the regulations change, provided that the development carries no risk, comments Sergei Pivovarchik, managing partner of Consul Group.
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