Amendments to procedure for issuing construction and commissioning permits in Moscow

On November 17, 2015, Resolution No.752-PP of the Government of Moscow (hereinafter the “Resolution”) entered into force and introduced certain amendments to Resolution No.145-PP “On approval of administrative regulations for provision of state services of Moscow ‘Issue of construction permit’ and ‘Issue of commissioning permit’” of the Government of Moscow dated April 17, 2012. 

The Resolution clarifies the procedure for rendering the state service “Issue of construction permit,” according to which the term for rendering the said service, constituting 10 days, is to be calculated from the date on which an authorized body receives an application for provision of the service. It should be noted that previously the term started from the date it was registered by the authorized entity, which delayed the result of the state service being rendered to the applicant. 

The amendments introduced by the Resolution to the procedure for rendering the state service “Issue of commissioning permit” determine that the technical plan of a capital construction facility is to be provided by the applicant only if the authorized bodies do not have such document (or a copy of it or the information therein) and cannot obtain it through the interagency information cooperation. 

Starting from January 10, 2016, the Resolution introduces the norm providing a possibility to file a complaint with the antitrust authority related to decisions and actions of authorities rendering these state services, if they violate the established timeframes for rendering the services or in the event of a requirement to perform a procedure not included in the exhaustive list of procedures in the respective area of construction.

Elena Stepanova  Partner                                Moscow   estepanova@cls.ru  Tel.: +7 (495) 970 10 90

Galina Zolotukhina      Associate                Moscow      Tel.: +7 (495) 970 10 90

Additional notes

Should any questions arise in connection with the above or if you need any additional materials, please contact Elena Stepanova or Galina Zolotukhina, Moscow Office of Capital Legal Services.

This Information letter keeps the clients of Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this information letter shall not be deemed as legal opinions and do not cancel the need to obtain legal advice or legal opinion on separate issues.