Recovery of a penalty from O2 Development.  termination of contracts and full compensation for losses.  Deceived interest-holders of residential complex

Recovery of a penalty from O2 Development. termination of contracts and full compensation for losses. Deceived interest-holders of residential complex "Forces of nature Lawyers LCD forces of nature

LCD Forces of Nature from is located at Leningrad region, Vsevolozhsky district, Murino, highway to Lavriki, 64, the nearest metro station is Devyatkino and is positioned as an Eco-quarter. The developer O2 Development originally planned the completion date for the 4th quarter of 2014.

2 years ago Development O2 offered to sign an additional agreement on the postponement.

"Hello! I am a shareholder of O2 Development of the object Forces of nature, cash under the contract, the developer is paid in full 100%. Initially, the deadline for the completion of the object was planned for the 4th quarter of 2014, in any case, this is exactly what they promised at the conclusion of the contract, for this period my family and I expected, since we Small child. The progress of the construction of the residential complex Forces of Nature is such that so far our turn has not been completed, the deadlines are constantly being postponed, now there is information that, at best, the house will be handed over no earlier than the 4th quarter of 2015, that is, there is already a delay more than a year. When the residential complex Forces of Nature will be completed is currently unknown. But the question is not even that. Yesterday we received a notification from the developer that it is necessary to sign an additional agreement on the postponement of the construction period, otherwise we will not receive an apartment and the house will not be commissioned. Please tell me whether it is worth signing such an agreement and what will happen if we refuse to sign it, if I understand correctly, we should not sign it, since the construction of the house does not depend on us, we have already paid our money.

Using the example of LEKovsky London Park, where contracts with equity holders were renegotiated 3-4 times and each time with a postponement of the transfer of the apartment, we can conclude that by signing an additional. agreement, you do not receive a guarantee of receiving an apartment in the new term promised by the developer.

Everything turned out to be the same here. For more than 2 years, 2.5 thousand equity holders have been waiting for their homes.

May 2017. New developer.

Forces of Nature Residential Complex to be completed in 2019

Shareholders managed to draw attention to the problem of construction of the residential complex Forces of Nature, and in May 2017 the complex received new developer- RR-City Company.

RR-City will start work from its own funds, negotiations are underway with Baltinvestbank on a loan. The investor plans to receive additional funds from the sale of apartments.

RR-City will continue the construction of the complex and plans to commission it in full before the 2nd quarter of 2019: building 1 - by October 31, 2017, building 2 - by December 25, 2017, building 3 - by September 30, 2018, building 4 - by July 30 2019

On June 01, 2017, work began on the site of the residential complex "Forces of Nature". It is planned to prepare the site for the continuation of construction in a week, after which the contractors will begin work.

In June 2017, RR-City LLC plans to hold a meeting of equity holders and sign additional agreements to contracts equity participation about new construction dates. Shareholders will face the question of waiving compensation for the delay in delivery in exchange for the completion of construction.

For example, the penalty for an apartment worth 4 million rubles, the penalty will be more than 1.5 million rubles! Which, you see, is significant.

To make it clear what amounts for the developer in question, we will give an approximate calculation. For example, in case of violation of the deadline for delivery for 1 year of a residential building (complex) for 300 apartments average cost 4 million rubles the penalty for equity holders will amount to 270 million rubles. In addition, if the penalty is not paid voluntarily, the law provides for the payment of a fine for violation of consumer rights in the amount of 50% of the amount recovered. This is another 135 million rubles. Already more than 400 million rubles. Plus moral damage and services of representatives. The maturity date is over 2 years. Even taking into account the likely reduction in the amount of the penalty by the court under Article 333 of the Civil Code of the Russian Federation, as well as the fact that not all equity holders will apply to the court for the recovery of the penalty, the amount still turns out to be cosmic.

Interview with a representative of the company "RR-City" about the present and future of problematic long-term construction.

On June 1, the workers of RR-City went to the completion of the Forces of Nature residential complex in Murino. Work began in 2012, 2666 equity holders are waiting for their apartments in four buildings. Previously, O2 Development was responsible for the construction, but since April of this year, RR-City has taken over the project. Karpovka's correspondent spoke with Alexander Leonov, the Forces of Nature project manager, and found out when the housing will be completed, why it is necessary to negotiate with equity holders, and why RR-City is involved in the fate of the long-term construction.

When will they hand over

Shareholders have been waiting for their apartments for the fifth year. According to your forecasts, when will the first two buildings of the Forces of Nature be connected to the power grid, and the remaining two buildings will be completed?

Alexander Leonov, project manager of the Residential Complex "Forces of Nature" of the company "RR-City"

- The first building should be commissioned in November 2017, the second - in December. Shareholders of the third building will receive the keys in October 2018, and the fourth - in July 2019.

The cost of completion is 2 billion rubles. RR-City expects to receive money from Baltinvestbank. Shareholders told the editors that the process is being delayed. Do you have any problems getting this loan?

- I wouldn't call it a problem. This is a complex process associated with obtaining a loan. The bank checks and evaluates all risks, hired a large number of consultants. They should be submitting their reports soon. We hope that the issue will be resolved in the near future. But this does not affect the construction process: on June 1, without waiting for the bank, we went to the construction site for our own money. By the way, before the bank, we ourselves conducted an audit and told the bank all the risks. So we consider the audit of Baltinvestbank as a kind of formality.

- Have the first and second buildings been completed yet? What work do you have left to do there?

- No internal work has been done there, no engineering Communication, no interior decoration. The houses are not connected to water, electricity or heat. Contracts with energy supply organizations have not yet been paid.

One hundred million rubles profit

Shareholders and equity holders of the complex bought apartments from various O2 subsidiaries. How are RR-City, ZhSK Murinskoye-1 and OOO Romantika related? Have the companies merged or remain separate legal entities?

- "Romance" we buy. This is the developer of the third and fourth buildings. There will be a complex scheme involving a bank, a security deposit. Subsequently, this company will be wholly owned by RR-City. As for ZhSK "Murinskoye-1", the developer of the first and second buildings, there is a more complex design, we concluded with them investment agreement We provide financing for a share of construction costs.

With whom should shareholders and equity holders who bought apartments before you entered the project deal? With O2 Group, developers or RR-City?

- They have contracts with ZhSK "Murinskoe-1", it remains the only legal entity with which they interact. It is solely responsible.

You are engaged in a very problematic long-term construction. How much profit does RR-City expect to get from participating in this case?

- There are several reasons why we took up this long-term construction. The first one is now construction market it's hard for everyone. Property developers' income is falling. Now it does not even reach 10% of the project cost. We have a team, we have people and they need to do something. Here the question is not even about profit, but about covering current expenses and keeping the team. We need to support and retain our staff. The second is reputational profit, you understand. If we talk about the financial side, we hope that after we complete everything, we will get somewhere around 100 million rubles in profit. This is not much for such an object.

23 hectares of benefit

LCD "Forces of Nature" is being built on seven hectares of Murinsk land. This entire section will go to RR-City. But not only he, the company can get 23 hectares, closely adjacent to the residential complex. Now all this land belongs to Baltinvestbank, which cannot implement any projects on it.

Under an agreement with Baltinvestbank, you must receive 23 hectares of land adjacent to the residential complex under construction. The government of the Leningrad region wants you to build social facilities on them. What are your plans?

- Now these 23 hectares belong to the bank and are inextricably linked with the family on which the residential complex is being built. Yes, there will be social infrastructure - schools, kindergartens and parking lots - not only the government, but also common sense requires it. We have received a decision from the government of the Leningrad Region to develop a planning project for all 30 hectares. In addition to social facilities, we plan to place high-quality housing with rich infrastructure on 23 hectares. But there are no specifics yet.

- Why do you want to place housing on these 23 hectares, and not shopping center, for example?

- This concept does not work. In all areas bordering St. Petersburg, they tried to build shopping centers. And all these attempts failed. Because a huge amount of housing is being built there, and the first floors in all houses are reserved for commerce. There are also grocery stores, restaurants and cafes. People just don't need a shopping center in Murino. If they want serious shopping, they will simply go to the nearest Mega.

"Don't Bankrupt Developers"

Let's get back to the creditors. What should people do who have won court cases to invalidate share or equity agreements and now can neither claim apartments nor receive compensation from developers?

- We still have the last problematic block of questions - these are the participants shared construction. The accounts of the ZhSK "Murinskoe-1" and LLC "Romantika" were arrested. Just because people went to court with their legitimate demands and received writ of execution. For us, this is a great difficulty as for investors, because all contracts must go through the accounts of developers. The logic of our entry into the project is that we spend all the money on construction. We understand that ZhSK "Murinskoye-1", according to my estimates, has more than a hundred million rubles of obligations to participants in shared construction who terminated their contracts. We understand that we will spend this money on construction. In order to unblock accounts and start the normal activities of legal entities, we need to gather all equity holders and agree on how the work on the withdrawal of writ of execution will be carried out.

The administration of the Leningrad region will complete the construction of problematic facilities through the bankruptcy procedure, Daniil Fedichev, director of the Directorate for the Integrated Development of the Territories of the Leningrad Region, said yesterday. "In bankruptcy proceedings in judicial order a register of equity holders is being formed, therefore, the risk of possible double sales or unfair actions of the developer is excluded. If the developer is not in the stage of bankruptcy, then the mechanisms of influence on it are limited,” Fedichev noted. According to him, by decision of equity holders, the directorate can take into trust management of housing cooperatives created in the bankruptcy procedure, and together with the Leningrad Regional Housing Agency mortgage lending(LenoblAIZhK) to carry out their completion. The second option is the transfer of construction rights to a new developer. “But developers have not yet expressed such a desire,” adds Fedichev. According to Dmitry Lobanovsky, deputy chairman of the regional committee of Gosstroynadzor, there are 926 citizens in the register of defrauded equity holders in the region, and there are no more than 1,300 people in total.

Officials intend to apply the bankruptcy scheme to the unfinished residential complex "Vorontsov", in the developer of which - Spetskapstroy SPb LLC - bankruptcy proceedings were introduced in July. According to Fedichev, with a high degree of probability the object will be demolished. “According to the expert opinion, the structures do not comply with safety regulations, the developer passed a non-state examination and actually imitated the construction site. As a result, the buildings are designed with violations, the piles are driven chaotically, the basements are flooded. The final conclusion on the object will be made before August 18,” the official says. According to his calculations, the object has no more than 300 shareholders.

According to the same scheme, the largest long-term construction in the Leningrad Region, the Residential Complex "Forces of Nature" (3,500 apartments and 2,600 purchase contracts), can be completed. In July 2017, LenoblAHIZhK became the facility completion operator. General Director of LenoblAIZhK Yevgeny Rafalenok estimates the cost of completion at 3 billion rubles, of which 1 billion rubles. – a loan from Rossiya Bank and AHML funds. Parameters of the deal with the bank will be announced after the meeting credit committee August 23, he adds. Change the economics of the project, according to Rafalenok, can be implemented commercial premises and construction of a facility for commercial purposes.

More housing

1.5 million sq. m of housing was commissioned in the Leningrad region in January-July 2017, 4.4% more than in the same period last year. In St. Petersburg, 1.85 million sq. m (growth by 8.4%)

Since 2013, the construction of the Forces of Nature has been carried out by ZhSK Murinskoye-1 and LLC Romantika, which are part of the O2 Development group. Delivery was planned in 2017, a year before the construction stopped. RR-city LLC, which agreed to complete the construction of the facility, withdrew from the project in June 2017 due to funding problems.

The bankruptcy case of Romantika LLC is in court, it was initiated by RR-City, later equity holders joined it. The meeting is scheduled for October 31st. Claims for bankruptcy of ZhSK "Murinskoye-1" are massively filed by equity holders, a meeting on one of them should be held on August 31. “We hope to enter the project before the cold weather, because the conservation of the facility is important for the successful completion of the project,” Rafalenok plans. According to him, the completion of the first and second buildings will take about a year from the date of entry into construction. The completion of the third and fourth buildings will take 2–2.5 years.

The management of developers held back the bankruptcy procedure for a year and a half, which made it possible to short time to resolve issues related to the transfer of the object for completion to a potential investor, says Irina Ledachkova, the official representative of Romantika. “Interest in the project on the part of investors and banks remains until the bankruptcy procedure is announced. With the introduction of bankruptcy, negotiations will continue, but the legal procedure will take years and it will be possible to forget about the speedy resumption of construction, ”adds Ledachkova. According to her, the developers' appeals to relevant officials with a proposal to hold a workshop with Rossiya Bank and LenoblAIZhK to exchange documents and develop a unified completion plan remained unanswered.

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The residential complex is being built in the village of Murino between the Okhta River and the highway to Lavriki. Construction was started by O2 Development, but the project was later shelved. In February 2019, an agreement was signed between the developer and Lenobl AHML. If 21 buildings were originally supposed, now 4 are being built. The first two houses were called the residential complex "Murinskoye-1" (the former residential complex "Forces of Nature"). The second stage included buildings 3 and 4 under the name of the residential complex "Daisies".

Object characteristic

Eco-quarter will be executed in bright colors with the use of a large area of ​​façade glazing. The buildings will be multi-storey and consist of several sections arranged in a cascade.

According to the plans of the developer in residential complex apartments of different layouts will appear, from compact studios to three-room apartments. The construction of 10-18-storey houses is carried out according to the frame-monolithic technology.

Metal entrance doors, energy-saving double-glazed windows, coarse water filters will be installed in all apartments. Telephone, television and Internet lines will be organized on the principle of "one cable". Comfort-class elevators will be installed at each entrance, and a fire-fighting system will be provided.

Infrastructure

The infrastructure of the village of Murino is not sufficiently developed, given the density of buildings and the number of people living here. A number of hypermarkets are located 4 km away - Lenta, Okay, Magnit, Karusel, Northern Mall, etc. There is an acute shortage of educational institutions, but by the end of construction, O2 Development will build:

  • 2 new kindergartens;
  • center additional education;
  • school for 700 places;
  • polyclinic;
  • modern sculpture park.

Also, according to the project, the premises of the first floors are reserved for fitness centers, shops, a bank, a veterinary center, a library, beauty salons, etc. The developer will landscape the territory of the Forces of Nature residential complex, organize children's playgrounds, sports and recreation areas for adults, house parking.

Transport accessibility is provided by the highway to Lavriki with an exit to Toksovskoye and Ring Road 3.5 km away. On the same highway in Lavriki by car you can get to the station. metro station "devyatkino" 3 km or walk 1.5 km. A kilometer from the railway complex is the Lavriki station, from where electric trains depart in the direction of the Finland Station.