Rights of Way & penalties for late completion
All owners of properties at Vitosha Park should be aware of the following which we have just received from our solicitors:
Further to the information we all received by the developer Simeonovo
residential park Ltd about the issuing of the Permit for use for all
buildings in Vitosha park complex, we checked the provided documentation
and permissions they sent us during the last weeks.
As we found out some clauses in the permits of use, we made
our own research and further examination of the documents. We also
required additional papers to be submitted by the developer in order to
be more precise in our final statement to you as our client.
The first meeting that we had with the seller was supposed to be a
discussion not only regarding the penalties they owe you for the late
completion of the project, but also about the specific conditions
stipulated in the permits for the entering the buildings into
exploitation. As we have already informed you, the seller was not
inclined to pay
the due penalties as per the contract, but
they suggested a compensation amounting to half of the maintenance fee
and only for those clients who have paid their previous installments on
time.
Still, the other question which we raised on the meeting regarding the
permits of use hasn't been solved yet.
Basically the situation is as follows:
In the Permit for use issued by the Municipality of Sofia - construction
control department is pointed out that the building shall be entered into
exploitation only till the Contract from 30.08.2006 and the annex to it
dated 02.11.2007, signed between the seller and the company owing a
neighboring land estate is in force. These contract and annex are
concluded in relation to the access to the complex Vitosha park because
up to now there is no other way to reach it apart from passing through
the neighboring plot owned by a company named “Vajeni liniii”LTD.
Further to this in 2006 the seller has signed a contract for
establishment of “right to pass” thorough the plot of “Vajeni
liniii”LTD. This right is established explicitly in the name of the
seller and is for a period of two years /since 01.08.2006/ for the
time of performance of construction works. The seller is obliged to pay
a monthly compensation to “Vajeni liniii”LTD
As per the contract after expiration of the above
term as well as upon delay in payment of the agreed compensation or upon
completion of construction works, the contract shall be terminated.
On 02.11.2007 the annex stated above is signed for prolonging of
the contractual period of efficiency till the Sofia municipality council
establishes a permanent right to pass through another neighboring plot
/not the one owned by “Vajeni liniii”LTD/ in the name of the seller. The
parties have also agreed that the contract won't be terminated upon
completion of the complex.
We find the above situation very important for the future use of the
complex and therefore demanded
both the contract and the annex to submitted to us for examination.
Still we consider it hides some risks for you as a future
owner of an apartment in the complex in the following aspects:
the right to pass through the estate is established in favour of the
seller and not in favour of the individual owners of properties in
Vitosha park;
provided that the seller stops paying the agreed price to “Vajeni
liniii”LTD, the contract shall be deemed as terminated and the permit
for use won't be in force any more.
The issues stated above are concerning the rights of all
buyers in Vitosha park and the seller is the one who should offer an
appropriate solution in short terms. The steps that they announced to be
undertaken are that they have entered into the Municipality all
documents necessary for the establishment of permanent right to pass
through the other neighboring plot
Still, they can not point a deadline up to which this will happen.
Has anyone else faired better with compensation??
Regards
Colin