“Hotel operator in St. Petersburg wins court case on buyout of premises in a heritage building” — Irina Zimina for Delovoy Peterburg
The Arbitration Court of St. Petersburg and the Leningrad Region declared unlawful the inaction of the city's Property Relations Committee (KIO), which avoided making a decision on the buyout of premises in the cultural heritage site (CHS) "E.S. Egorov's Tenement House" (Nekrasova St., 40A).
The most likely explanation for this situation, believes Irina Zimina, head of the real estate and construction practice at Prime Advice, is related to KIO's desire to avoid making a decision in a contentious situation.
For KIO, it is more advantageous to obtain a court ruling that is binding, in order to relieve itself of any responsibility,
— the expert clarifies.
Equally contentious, in Zimina's opinion, is the argument about the absence of a preservation obligation. Such an obligation had previously been issued with respect to the legal predecessor of "Kapital-invest."
The preparation and approval of a preservation obligation falls within the competence of KGIOP, meaning the condition depends on the seller, not on the buyer,
— adds the head of the real estate and construction practice at the law firm "Prime Advice."