State Architectural and Construction Inspectorate (SACI) has rendered an order on apartment building breaking that was built without Approval Documentation.
A breaking order was appealed to an administrative court. Jusguards` lawyers proved that the sphere of SACI doesn’t cover rendering of breaking orders. The court has concurred with the arguments of JusGuard Lawyers and annulled the order.
To cancel a breaking order.
The breaking order of SACI was annulled.
A building company contacted us of necessity to determine further sale plan for apartments at projects under construction.
The lawyers of the company have prepared the memorandum where they have analyzed all advantages and disadvantages of the following plans:
- Housing associations;
- Preliminary agreements:
- Purchase and Sale Agreements;
- Cooperation Agreements;
- Forward Contracts;
- Collective Investment Schemes.
To submit the analysis of the actual apartments sale plans at the stage of construction.
Further to conducted analysis the client took decision to register housing association.
We received the order to develop an optimal plan for non-residential premises sale in office center that is under construction.
Considering target sales and construction period the lawyers of the company have proposed property rights sale scheme based on property rights purchase and sale agreement plus claim assignment agreement (cession). The scheme involves individual entrepreneurs apart from the developer.
To develop the sale plan and contractual documentation.
Proposed scheme made possible redistribution of cash flows between the legal body-developer and a physical party-agent.
A building company has reached an agreement with the land owner on construction of accommodation complex. Whereas it is necessary to regulate mutual rights and obligations the parties contacted legal firm.
The lawyers of the Jusguard proposed the plan using superficies agreement. Under this agreement the building company (developer) got land plots in use for construction. At that the land owner received legally legitimate document engaging the developer to render to the land owner some space in built accommodation complex after the completion of the construction in requital.
To create an agreement between the land owner and building company.
The specialists of the company have created text of the superficies agreement considering client preferences, and succeeded its signing, as well as notarization.
Investment through forward contracts is newish scheme of money attraction in construction. A building company that previously didn’t use that scheme ordered a legal analysis of the advantages and risks of forward contracts usage.
On the one hand investment scheme by means of forward contracts corresponds to all legislative requirements and allows optimizing tax liabilities. On the other hand the application of the scheme is explained only for large construction projects. In the other circumstances, there are other schemes allowing the achievement tax optimization but not such expensive in development and maintenance.
To estimate the advantage of forward contracts usage for attraction of investors’ funds.
Having studying the legal analysis prepared by the lawyers of our company, the client decided to choose an alternative plan of attracting investments.
A building company contacted us of necessity to regulate mutual agreements with the land user and the land holder. At this, the land user has to receive 10 % of living space in built house as building royalty.
A joint venture agreement allows regulating legal relations in integrated manner between the land user and involved investor who will act as developer.
The client was upset over the necessity to register joint venture agreement at tax department, but the lawyers of Jusguard have explained that only agreements assuming deposits joining, as well as certain accounting and tax records, are subject to binding registration.
If the joint venture agreement is free of such conditions, the demand for binding registration doesn’t apply to it.
To regulate the relations between the land user and the investor-developer.
The joint venture agreement was made considering legislative requirements and client preferences.
The client of the company contacted us of necessity to put into operation his house that was built without approval documentation.
To put into operation private residences that were built without approval documentation is possible in terms of certain procedure. The specialists of Jusguard filled in a facility readiness declaration and along with the necessary documentation package submitted it to the State Architectural and Construction Inspectorate.
To put into operation private residence.
The private residence was put into operation based on the facility readiness declaration that was registered by the State Architectural and Construction Inspectorate.
Company’s client who is a foreign-owned joint stock company, producer of the switchboards, contacted us with the questions on ownership registration for freestanding building included in authorized capital. During the process of establishment of the enterprise in 2001 one of the founders included a freestanding building in authorized capital. Herein after the aims of the founder have changed and he opposed the ownership registration at every possible way. Thus, until 2013 the title of ownership was unrecognized, although the enterprise incurred all general occupancy expenses.
The lawyers of our company have completed missing documents afterwards required document package was submitted to the State Registration Service.
To register enterprise’s title of ownership for building included in authorized capital.
The title certificate was completed (Certificate of Ownership) and was done the state registration of the title.