Acon opposed the increase in the term of the contract for managing new buildings
The bill discussed in the State Duma on an increase in the validity of the contract for the management of residential new buildings between the developer and the management organization caused discontent with some market participants. They believe that after the adoption of the bill, management companies (UK) affiliated with developers will abuse the situation and delay the elimination of building deficiencies. Developers, on the contrary, believe that their Criminal Code will be able to operate at home better after the completion of construction.
“Kommersant” got acquainted with the letter of the President of the Association of Companies that serve real estate (ACON; combines more than 1 thousand non -state and not related to the developers of organizations) Nikita Chulochnikov, sent to the State Duma speaker Vyacheslav Volodin on April 16, with a request not to adopt the bill proposed by the head of the State Duma Committee and Housing and Public Utilities, Sergei Pakhomov. We are talking about a document proposing to increase the validity of the management contract for the newly built apartment building between the developer of the facility and the management company from three months to one year. The speaker did not respond to the request “Kommersant”.
Sergei Pakhomov submitted a bill to the State Duma in May 2024. Then he explained this by the fact that often after the commissioning of the new building into operation, after three months, the manager with which the developer entered into a service contract should completely intercept the control relay from builders. But during this time, developers do not always have time to transfer all the apartments to customers, and the maintenance of common house systems at this time is faced with difficulties.
On April 18, Mr. Pakhomov stated “Kommersant” that the lawmakers bring terms in accordance with the decisions that were adopted earlier with this bill.
In 2023, a restriction was introduced to change the Criminal Code within a year after the conclusion of the contract, he recalled.
In turn, in turn, they insist that by extending the control deadline, the developer receives unreasonable advantages monopoline to appoint an affiliated Criminal Code for a long time, as a result, evades liability to fulfill his warranty obligations. “The appointed Criminal Code protects the interests of the developer, delaying the elimination of construction deficiencies and the repair of faulty equipment after commissioning the house into operation. For some engineering equipment, the warranty period is one year, and after a year the owners are already impossible to make any requirements, ”the initiative says.
The developer has the right to choose any Criminal Code and conclude a management agreement with it within five days from the date of receipt of permission to put the facility into operation. Naturally, the developer chooses the Criminal Code in which he is sure, explains Valentina Tugushev, deputy general director of the Astrum-Moscow Criminal Code (part of the Granel Group).
In practice, in practice, the ownership of the developer eliminate defects much faster than third -party, says Kirill Kholopik, the head of the unified resource of developers. It also recalls that almost 20% of new buildings are equipped with a developer with a smart house, and the third -party Criminal Code most often does not know how to serve them, and eventually dismantles such equipment.
The position of the Acon is certainly dictated by the care of the protection of the rights of equity holders, but to achieve the optimal result, it is worth taking into account the interests of the developer, said Dmitry Arinichev, director of the DOGMA client comfort department.
Three months – a very short time for a full adaptation and settings of all systems and services important for residents, Valentina Tugusheva believes. During this time, the owners have the right to hold a meeting on the choice of a management company, but often over this period, not all owners manage to get apartments, she notes. Even during the year after putting the house into operation, as a rule, only 50% of the apartments are settled, and in this case, the procedure for choosing the Criminal Code immediately after the transfer of apartments is meaningless, Cyril Kholopik agrees.
