FBK Legal at ‘Development and Construction: Legal Issues’ Conference
Ekaterina Kotova, Director of the Legal Consulting Department at FBK Legal, has spoken at the ‘Development and Construction: Legal Issues’ conference hosted by Pravo.ru.
The attending experts discussed how business had reacted to the 2023 dramatic changes, how the growth areas would change for the Russian development and construction industries, and what the legislator had been working on to help businesses. The attendees also reviewed practical application of the recent highlights from real cases.
Ekaterina Kotova used court case No. А40-128594/2020 to demonstrate how cadastral de-registration of a land plot granted for construction purposes and registration of a new land plot within the same boundaries but under a new cadastral number may result in the lessee's failure to execute the land lease agreement and obtain construction permits.
"The lessor did nothing to formalise lease relations for the newly registered land plot, thus failing to ensure that the lessee would be legally permitted to use this land plot for its intended purpose – namely, construction. Despite the obstacles to the land plot use, the lessee has been paying rent without fail. Having considered the circumstances of the case, the Supreme Court upheld recovery of the rent by the lessor, a public entity", Ekaterina Kotova elaborated.
