The right to arbitrariness: The Moscow City Duma has allowed business redevelopment in residential buildings

Irina Mishina

For several hours, the Moscow City Duma discussed a law of several words - the abolition of paragraph 4 of Article 7 of the law "On Control over the use of real estate in the city of Moscow".

The deputies who spoke said that this decision is another indulgence for big business and a direct threat to the residents of apartment buildings.

"How many load-bearing walls were gouged, how many facades were punched, how many were illegally built to the detriment of the residents of the houses?", - the deputy Elena Shuvalova was indignant.

Interestingly, the paragraph on taking measures to bring the perpetrators to administrative responsibility has been removed from the law. From now on, control over all alterations on the first and ground floors of houses is canceled. According to the United Russia deputy Elena Nikolaeva, it is simply about bringing Moscow legislation into line with the federal one.

"We have invited the Commissioner for the Protection of the rights of entrepreneurs to listen to opinions, and all business structures regard these changes as positive and aimed at supporting business. According to the results of monitoring, it will be impossible to bring to administrative responsibility now, it will be impossible to initiate a case", - said the deputy Nikolaeva.

In fact, a moratorium has been introduced on bringing business entities to responsibility, unless a threat of harm to life and health has been identified.

However, those who voted against had their own arguments.

"How can a real estate agency control something if it does not have the right to fine? In fact, the abolition of this control raises a whole range of issues from the physical threat to people associated with the collapse of buildings as a result of redevelopment, with various extensions to residential buildings, with conflicts with residents. Lobbyists are from among commercial structures. Life was made easier for them, the state curtsied in their direction. If any violations are revealed, now you can only "talk" with business representatives, and in no case fine them. The new law is on the side of the strong", - said Moscow City Duma deputy Sergei Mitrokhin.The redevelopment of facades and ground floors of buildings has actually acquired a massive character in Moscow and very often leads to conflicts with residents.

It is enough to walk along the central streets of Moscow – almost all the facades have been redesigned by business structures. 

"I receive a lot of requests from Muscovites," says Moscow City Duma deputy Elena Shuvalova. - Partitions in the basement were demolished on Lesnaya Street, this creates a threat of collapse of the house, and the prosecutor's office distances itself from this. On Rogozhsky Val Street, an extension was made to the residential building, in which they sell fish. Stink, dirt, unsanitary conditions, but it will now be impossible to check the legality of this self-construction. On Bolshye Masons Street, the facade of the house was pierced, the supporting structure, the window was converted into a door, a pet store was set up there – to the detriment of the residents of the house, the question in general is about the safety of people. Moreover, residents have a suspicion that they pay utility bills for this pet salon, but nothing can be checked now. In fact, after such alterations, the house can develop at any moment like a house of cards".

The problem is also that in many houses, instead of basements, which can carry the functions of bomb shelters, additional business premises are equipped.

"In our difficult time, control over such premises, on the contrary, should be tightened, we, on the contrary, demolish all regulations," Elena Shuvalova believes.- But the question is really about the life and safety of people"

At the same time, it is worth noting that any redevelopment inside the apartments will still take place with the consent of the Moscow Housing Inspectorate.