The "pilot project" will not be fulfilled on time, if the state does not become a guarantor

On April 15 a road on the Sharifzadeh St. in the Yasamal district of Baku was blocked by residents of the destroyed hostel - house No. 12. The picket next to the ATV channel lasted about 20 minutes and was discontinued after the appearance of the police. Residents explained to the site DogruXeber.az that they picketed to show discontent caused by deception on the part of the construction company OOO Eurostroy.

In 2012, the company signed an agreement with the National Academy of Sciences of Azerbaijan (ANAS), according to which the hostel at St.Sharifzade,12 will be destroyed, in its place a 4-block residential building will be built in which the families of academics living in the old hostel will be accommodated. In 2017 a new building was built, but an agreement with scientists was not fulfilled. There is no hostel any more, the inhabitants of the destroyed hostel have lost cheap housing, they have been deceived for more than a year. At the appeals to the Yasamal district Executive Power, homeless scientists are promised to understand and inform, reported DogruXeber.

Residents of the hostel had no property rights in the destroyed building belonging to ANAS, therefore, if Eurostroy LLC deceived, then not them, but the leadership of ANAS that the construction company entered into with the agreement. There are many other cases in Baku when citizens have legal rights to houses and apartments (bills), and do not believe in promises of construction companies insisting on the signing of the tenancy agreement in exchange for providing them with new apartments after the construction of a residential building on the site of the demolished old one. Turan News Agency have reported on such conflicts.

A resident of the Nasimi district, Jamal Rzayev, whose one-story courtyard on Sh.Azizbekov was destroyed, also complained of the company Pilot Inşaat-A . Rzayev did not accept the terms of the company, not believing its promises.

In mid-November 2017, most of the 104 families in the neighborhood yard in the Nasimi district refused to sign agreements with Grand Plaza, not finding in the proposed contracts guarantees of returning their living space in the new building instead of the rented old apartments. The conflict in the quarter on the streets of Suleiman Rustam, Khanif Aleskerov, Khan Shushinsky and Gul Guliyev continues. About 60 families have already signed the agreement and left, the rest persist. The construction company suffers losses, as it has to pay temporary rent of rented apartments for the left families, and it cannot start the construction of a new building, because not all residents left the old one. The state does not force tenants to leave their apartments if the conditions of the company of citizens are not satisfied. In this quarter on the basis of the conflict there were already two cases of health damage to citizens - as a result of a fire and destruction of an apartment house by an excavator.

In the same area with the proposed contract from LLC Gloriya Palace, the residents of the block on the streets of Abbas Sahhat, Khan Shushinsky, Azadlig and Nasib Yusifbeyli do not agree. In an interview with Turan tenants showed the clause of the agreement, according to which the construction company has the rights not to fulfill the promise in case of force majeure. That is, people will remain on the street. Residents demand a state guarantee for the fulfillment of the contract and do not leave the house. A resident of one of the private houses in this quarter, Viktor Sapunkov, studied the text of the contract with the developer, and realized that he cannot be signed because the tenant does not receive guarantees, and under many pretexts called in the contract by force majeure circumstances, the agreement can be canceled.

For the same reason - the citizens' distrust in the empty promises of the construction companies - started the tragedy of the residents of the multi-apartment old house in the Sabail district, in the residential community of Bailovo, at Khagani 10. On February 2, Sabah Residence destroyed the apartment and destroyed the property of the resident of this house, Victor Lugansky and others citizens. It is interesting that the head of the Executive power of the district, Eldar Azizov, who met with residents in February, advised them to be attentive, signing a contract with the company, since by signing this document, citizens will be left alone with Sabah Residence. If the company deceives, the regional authorities will not help the Baku people.

Representatives of the company show only the contract with the Sabail District Investment Information Center for the construction of a new house according to the "pilot project", and the plan of this house, under which there are no seals and signatures. The state does not guarantee that the company will not leave us without shelter, on the street, when the issue of money for renting a temporary apartment will stop," said V.Luganskiy.

Demolition of old houses and construction of new multi-storey residential buildings in their place is carried out according to the state "pilot project" of renovation, on the basis of the 86th Cabinet of Ministers decree. The full text of the government's decision is posted in the government website http://cabmin.gov.az/page/doc/1790, but it does not open when you visit this page of the website. The official text of the 86th decision of the Cabinet of Ministers to the general public is not available, there are employees of district executive structures.

The text of the contract by the company proposed to the tenants does not say about the responsibility and guarantees of the state in case of impossibility of construction a new building or bankruptcy, fraud of the construction company. Defending the interests of companies in courts, the state remains aloof when citizens who sign agreements with companies become homeless.

The lack of state guarantees in the text of the contract between construction companies and citizens is the main shortcoming of these documents and the reason for the possible non-fulfillment of the "pilot project" in time, "an employee of one of the construction companies, who asked to remain anonymous, said in an interview with Turan.

Builders have difficulty in negotiating with residents of houses that are on the "pilot project" list, as in the standard agreement between the company and residents there is no state guarantee for the fulfillment of the contract. And since the document is signed by two non-state parties, if the company goes bankrupt or another force majeure event occurs, the tenant will remain without housing and money, without the grounds to claim his rights from the state. The employee said that other construction companies are experiencing the same difficulties in negotiations with residents. Fierce disputes result in severe litigation. At the trial on the suit of a disgruntled tenant, this employee, speaking, said that his company wants a state guarantee of all concluded contracts. There is a tacit agreement between several Baku construction companies that if the state somehow acts as a third party in agreements between tenants and companies, the pilot project will be realized much more quickly. "Believe me, if the tenants believed the company and were not afraid to be deceived, we would start building a new building, rather than spend months on the entreaties of citizens," the company employee added.

We add that in the contracts concluded by in Moscow with tenants on the renovation of housing stock, the district executive authority acts as a state guarantor, a defender of the interests of citizens.