A. Nigmatzyanov to shareholders of the RC “Symphony”: “The delivery of the third house is questioned”

The works on the completion of two houses are stopped due to the claims of 7 shareholders until the decision of the court session.

(KZN.RU, August 1, Alsu Safina). The third house of the problem residential complex “Symphony” in Kazan is almost ready. However, its delivery may be in jeopardy. The fate of this house will be decided on August 28 at the court, where the issue of transferring it to housing cooperatives created by shareholders will be considered. Investor-shareholders are against the transfer object but without this, it will be impossible to put the object into operation by law. Azat Nigmatzyanov, the first deputy head of the Executive Committee, held the meeting with representatives of the initiative group of interest holders of these houses, where it was discussed where court hearings can lead to.

Construction of the RC “Symphony” was started in October 2012 and then stopped in connection with the bankruptcy of the developer “Fon-Riviera”. Then the work at the facility was resumed by the SC “Briz”. In March 2016, the owners of apartments in the house №2 received the keys to their homes.

At the end of last year, the first house was delivered in the residential complex “Symphony”. To complete this house, the shareholders have created a housing and construction cooperative (HCC) “Vozrozhdenie 1”. The house was ready in less than six months. For the delivery of the house, it was transferred to HCC, without this, it would be impossible to put the object into operation by law. The same scheme was working for the third and fourth houses, where the completion of the objects again took the SC “Briz”.

The decision to petition the Arbitration Court for the transfer of the first, third and fourth houses to the HCCs was made on November 22. The issue will be considered in court on August 28.

The third house is ready almost completely. Andrey Belyakov, the head of the SC “Briz”, said that there were finishing work left, as well as elements of improvement.

However, the work is now in jeopardy. 7 construction participants (previously all 7 apartments belonged to one investor-shareholder who then lost the rights to others) deemed it inappropriate to transfer the object of unfinished construction to the HCC and are of the opinion that the Fon-Riviera must complete the facilities and fulfill the obligations itself.

“Everything is going according to the plan by the terms. But now the agreements can be threatened”, said Azat Nigmatzyanov.

“I can say as a builder: if any process is suspended, this leads to an increase in price. The construction of the third house cannot be stopped, it is necessary to prepare it for delivery. We told you that we will finish the house in November. We wanted to do it earlier, but it turns out like that”, said the first deputy head of the Executive Committee.

Irina Suvorova, a representative of the initiative group of shareholders of the third house, asked how events can develop depending on the decision.

If the court on August 28 refuses to transfer housing to HCC, everything will turn out bad for the construction participants, said Gulgena Zamalieva, the representative of the bankruptcy supervisor. “According to the norms of the law, the object of unfinished construction will be put up for auction. Everything gained from the sale of the property will be distributed according to the law: 60% to a secured creditor, 25% to other construction participants”, she said.

She reminded that in the 3 and 4 houses, construction participants have only preliminary agreements, there were no equity agreements. However, even if the courts have recognized the equity agreements, they are not registered, and the pledge arises only from the moment of its state registration. “Construction participants in this situation are not pledged creditors. And in the case of sale of this property, only 25% of the sale amount will go for repayment purposes. It will be very unpleasant”, marked Gulgena Zamalieva.

Gulgena Zamalieva appealed to the shareholders with a request to come to the court session and express their opinion.

“The contractor and we are ready to solve all the issues, so that the house was delivered”, said Azat Nigmatzyanov. If the court nevertheless decides to refuse transfer of houses, then they cannot be delivered.

Shareholders of other houses came to the meeting as well. Azat Nigmatzyanov said that the work in the sixth house is on schedule. However, the contractor SC “Briz” can complete everything before the deadline. Also, according to the schedule, the work is being done on the seventh house.