While Kyiv residents wait for the actual return of municipal lands, situations that contradict legal logic are occurring in the luxury real estate market. A large-scale object of over 4,000 square metres in the recreational zone of the Pechersk district, located directly on the shore of Vydubychi Lake, has been put up for sale. This is happening despite the fact that clear positions from the prosecutor's office and decisions from the Supreme Court regarding the demolition of self-built structures in this area and the return of the plots to the community already exist.
The question arises: how did an object with such a legal history end up in the catalogues of leading agencies, and isn't a surprise in the form of enforcement actions waiting for the potential buyer?
Five-storey building instead of a sports complex
The history of this plot on Naberezhno-Pecherska Road begins with Kyiv City Council decisions on granting land leases. According to official city council documents (including draft decision No. 1074-20) and land cadastre data, the plot with cadastral number 8000000000:90:110:0008, with an area of 0.0949 hectares, has a recreational purpose. It was allocated for the operation and maintenance of a sports and health complex with a pier, a car park, and an administrative building.
The Kyiv City Council decision clearly stipulates the requirement: land plots within the riparian protective strip are to be used without the right to construct any structures (except for hydraulic or linear ones).
However, in practice, instead of the planned sports and health facility or a temporary pier, a full-fledged five-storey permanent complex with a basement, underground parking, and a passenger elevator appeared on the shore.
Supreme Court ruled, but the market ignores it
Law enforcement agencies and the Pechersk District Prosecutor's Office of Kyiv have repeatedly appealed to the court regarding illegal development objects on municipal lands in Pechersk. According to data from the Kyiv City Prosecutor's Office, published by the outlet "Kyivshchyna 24/7", the Supreme Court upheld the decisions of the lower courts. Under these decisions, the self-built object in Pechersk was found to be located in violation of the law in a historical landscape protection zone. The court ordered the developer to demolish the structure and return the land plot to the use of the territorial community.
Meanwhile, as reported by "Ekonomichna Pravda", schemes for registering rights to non-existent or self-built buildings for subsequent privatisation or long-term lease of valuable municipal land are not uncommon in the capital.
It seems that after such court verdicts, the plot should have been vacated, but the situation turned out differently.
$8 million price for recreational metres
On real estate agency websites, the building on Naberezhno-Pecherska Road is actively offered as a premium-class investment object. The real estate agency "Mayak" listed a separate commercial building of 4,106.1 sq m for sale at a price of $8,000,000. The description mentions the presence of 5 floors, an underground parking for 11 cars, its own territory near the water with the possibility of mooring vessels, as well as the possibility of using the object as a "headquarters, private club, or hotel".
On the ALL BC portal, the same object on Naberezhno-Pecherska Road is listed both with a sale price (over UAH 227 million / $8 million) and with a rental offer at a monthly rate of over UAH 2.9 million.
In the Instagram account of the real estate agency The Capital, an advertising video clip is posted offering "4,106 sq m of space in the very centre of Kyiv, its own territory of 90 sotkas, and direct access to the Dnipro".
A logical question arises for the sellers and realtors: do they inform potential buyers about the urban planning status of this plot, its belonging to recreational lands, and the existence of court decisions regarding self-built developments in this zone?
We continue to monitor this location and the course of events surrounding municipal land in Pechersk.
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