On 18 February, the “Armenian Association of Developers” organized a discussion on the problems that developers face. The purpose of this initiative was to focus the attention of the relevant authorities on one of the problems of developers, the solution of which is related to legislative changes. The legislative amendment refers to Article 83 (1) of the RA Administrative Procedure Code.

The issue is that in the case of judicial review of urban planning documents, in particular construction permits, the construction permit is considered to be suspended by virtue of Article 83 (1) of the Administrative Procedure Code from the moment when the Administrative Court accepts the proceedings. On this basis, construction work is prohibited and the developer is forced to suspend it until a final dispute is heard by the court.

Lawyer Armen Harutyunyan believes that in this case the developer has no opportunity to protect his rights, as the suspension of urban planning documents is enforced by law, without being discussed by any state or judicial body.

“This situation adversely affects a conscientious developer, who starts to suffer disproportionately large losses, investments are jeopardized, the developer’s normal performance is impaired, it has an impact on the economy, no proper commodity turnover, jobs and workers are at risk, upgrading the housing stock, selling new homes, developing the mortgage market, taxing and paying, etc.,” he said.

It is proposed to make an addition to Article 83 (1) of the Administrative Procedure Code and to include in those exceptions the cases when urban planning documents are challenged.

The discussion will be attended by 11 developers, the Realtors’ Union, has sent invitations to the RA National Assembly, Yerevan Municipality, Council of Elders, RA Government, Ministries of Justice, Economy, RA Administrative Court, RA Chamber of Advocates, media and other interested parties.

Chief Architect of Yerevan Arthur Meschyan also spoke about the topic.

Details in the video