Legal review of Desna Park Residence by DesnaPRO

Infrastructure

Developer and client

For example, the well-known Kyivgorstroy or Stolitsa Group are developers. When a company wants to build a residential complex, it obtains construction documents and engages developers who will organize and promote the construction. They work on completely different residential complexes and cooperate with different clients. But Desna Park Residence did it differently.

The client decided not to turn to well-known developers, but to create their own company that will carry out the full construction cycle of this complex. At the moment, this developer is engaged specifically in the development of Zazymya, plus there is one project in Lviv region.

Construction permit

The client has a construction permit, it is valid and registered in the Register. A few words about the technical conditions (TC). The client receives TC for gas, water, electricity. The document specifies the technical requirements that the client must fulfill for the house to be connected to utilities. All the TC I found for Desna Park Residence are, firstly, issued to the previous client (TC remain valid when the client changes, but it is still necessary to make amendments to the documents), and secondly, their deadlines have expired.

Land

Court proceedings

I checked the data in the judicial registry for the client, the general contractor and the land. I did not find any court cases related to the complex or any that could affect it. Then I thought that these companies might be quite new and checked the court registry under the surname of the previous construction client — and still found nothing. This is encouraging.

Investment scheme

When purchasing an apartment in Desna Park Residence, you sign a preliminary agreement directly with the construction client.

Here are a couple of nuances I noticed when studying the preliminary agreement of Desna Park Residence.

• the contract contains quite a few typos. Typos in party names, incorrectly specified names of various documents, incorrectly indicated clauses. For example, one clause refers to another clause of the contract, and there it states something completely different from what is being discussed. This may seem trivial to you, but in court such inconsistencies of references will simply prevent you from exercising your rights. Therefore, it is important to check all references in the contract.
• I would recommend adding to the contract a clause about possible assignment on your part. This is so that you can resell the rights to this apartment without waiting for commissioning.
• I recommend paying special attention to clauses that fix the order of payments — what recalculation will apply in case of a change in the dollar exchange rate, which dollar rate will be used in case of installment payments, and so on.

The cost of the apartment is divided between two contracts:

• preliminary agreement;
• and a contract for work with an individual entrepreneur (FOP) — the essence of the contract is that this FOP performs the screed and some other works in the apartment.

There is nothing illegal about this. But you should understand that if something goes wrong with this complex or if you want to get back the money you invested, you will have to reclaim it under these two contracts. And the contract for work with the FOP that I reviewed I would definitely recommend correcting.

I think the territory of Desna Park Residence will be quiet, cozy, well-maintained and clean. I am greatly won over by the openness and accessibility of the head of the management company and the developer themselves. I would like us to strive for such openness and simple human relations. This also applies to neighbors, because if everything is so beautiful and landscaped and the manager walks the grounds with you and talks to you, no one will allow themselves to throw away a cigarette or not clean up after their dog. It is precisely such small things that create the overall impression of a residential complex.

And now about what I didn’t like — the road. It is currently being improved and that is good, but it is still single-lane. The second point is that the beauty and neatness exist only inside the complex, and outside the gates it is like another world. It’s a village: beer halls, lack of a bank, cinema, shopping centers, and so on. Therefore everyone must decide for themselves what is more important — being closer to nature or to the metropolis.