About 228 Million Drams: by the Decision of Yerevan Mayor, the Illegal Construction built by “Dvin” Hotel Complex was recognized as Legal

On 3 February, Yerevan Mayor Hrachya Sargsyan made a decision to recognize as legal the structure that was built illegally on the land plot belonging to “DVIN” Hotel Complex CJSC.

Iravaban.net reports that the Company must pay 228,6 million drams for legalization.

The decision reads:

“Guided by the Law on Procedure for Cadastral Appraisal Approximate to the Market Value of Real Estate

Defining the Procedure for Cadastral Assessment Approached to the Market Value of Real Estate for taxation with real estate property tax purposes”; Point 17 of the order approved by the decision of the Government of the Republic of Armenia n.912-N of 18 May, 2006; based on the decision of the Mayor of Yerevan of 12 November, 2010 no. 5299-A; Professional conclusion n.18-06 / O-785 issued by the Department of Architecture and Urban Development of the staff of Yerevan Municipality on 06.12.2021, regarding bringing the construction to compliance with the legalization conditions provided in Article 188, Part 5 of the Civil Code; The positive technical conclusions issued by “Seismic Construction” LLC on 07.10.2021 and 05.01.2022; Taking into account the conclusion given by “Rustam Matevosyan” P/E on 04.10.2021 on the external dimensions of voluntary structures; As well as the application of “DVIN” Hotel Complex CJSC, by its representative (07.10.2021 no 21/127872, 26.11.2021 n Th-1578) and the letter of the Head of the State Protection Service dated 20.12.2021, no. 19/2269.

  1. To recognize as legal the construction (public/semi-constructed) with a total area of 15823.85 square meters, located at Yerevan, Kentron, 40 Paronyan street, with the right of ownership (ownership registration certificate issued on 24.08.2020, no. 24082020-01-0262) to “DVIN” hotel complex CJSC (electronic extract of the state register of legal entities as of 15.03.2018 , registration number 286.120.05485 issued on 22.09.2004),
  2. Acknowledge that:

1) Maintenance of the structure does not violate the rights and interests of other persons and does not endanger the life and health of citizens.

2) The building is not built in the alienation or safety zones of engineering facilities, or is not built in significant violation of urban planning norms and rules and does not give rise to the right to demand compulsory servitude.

  1. Determine the owner of the land:

1) Within 60 days from the date of adoption of this decision, must pay to the account of the budget of the city of Yerevan N900015211247, the legalization fee in the amount of AMD 228,654,633 (two hundred twenty-eight million six hundred fifty-four thousand six hundred thirty-three) calculated by the decision of the Government of the Republic of Armenia No. 912-N of 18 May, 2006

2) Shall pay the fees and charges related to the state registration of the property rights of the structure at its own expense.

3) In case of non-payment of the fee for legalization within 60 days from the date of adoption of this decision, this decision shall be considered invalid.

4) In order to complete the semi-constructed building legalized by point 1 of this decision, the basis for the elaboration of architectural-construction design documents is the design permit attached to this decision (architectural-planning task).

The decision also states that it is subject to state registration in accordance with the RA legislation.

The decision may be administratively appealed to the Mayor of Yerevan or judicially to the Administrative Court of the Republic of Armenia within two months from the date of its entry into force.

The Mayor assigned the organization and responsibility for the implementation of the decision on the Head of the Department of Architecture and Urban Development of the staff of the Yerevan Municipality, and the control over the implementation of the decision is assigned on the Secretary of the Staff of the Yerevan Municipality.

It should also be reminded that at the 14 September, 2021 sitting, when Hayk Marutyan was the Mayor of Yerevan was and the issue of the noise of music from some institutions disturbing the peace of the society was discussed, the Mayor said that there is a similar problem in the section of Northern Avenue, there was also a problem connected with the “Dvin” Hotel Complex. “Here there is also a problem in all the residential houses and apartment buildings and people are complaining. We also have legal issues here that are being corrected. And I have instructed to provide a solution so that we can talk to those businesses not only with persuasions, requests or other influences, but also with clear, legal, decision of the Council of Elders, clear requirements and parameters.”

Ani Khachatryan, a member of the “Luys” Faction of the Council of Elders, asked a question to Hayk Marutyan, “There are two floors in “Dvin”, built illegally, what decision do we have in that regard, what we are going to do, have they been fined for that?”

Marutyan said, “The protocol related to the building has been drawn up, and our specialists must say which way we are going. Secondly, there is a strange structure right on the “Dvin” hotel, if we look, there is a two-storey glass construction on the left. Here is the same story, either it must be demolished or the whole complex must be legalized and large sums shall be paid to the city budget.”

The main photo is from the website of “Dvin” Hotel

Iravaban.net

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