Spontaneous construction. Legal view. What is worth knowing?
Spontaneous construction is a consequence of improper development of settlements, which leads to a violation of state rules and certain norms. Thus, the above actions violate the clearly defined by law the activities of the territorial community.
As a result, there is a violation of the interests of the state, which is represented by local governments, whose powers include the disposal of land within the settlement.
The current legislation stipulates that unauthorized construction is considered immovable property only if the land plot on which such construction was carried out has not been allotted and does not have a proper permit and approved documentation or in violation of the law.
If a person is not a full owner of the land plot, then as a consequence, he is not the owner of unauthorized construction.
Only a valid court decision entitles the person who carried out the construction to be the full owner.
If the owner does not recognize the ownership of such construction, the latter is subject to demolition.
Therefore, the powers of the court include the recognition of the owner’s ownership of real estate, if there is no violation of the rights of others.
If the owner of the unauthorized construction and the owner of the land plot are completely different people, then at the request of the owner of the land plot, such a structure must be demolished, or the funds for such construction must be reimbursed.
A state authority or local self-government body has the right to file a lawsuit to protect the rights and interests of others, if such unauthorized construction is a significant obstacle to the implementation of the latter and to oblige such persons to demolish such a structure.
If the court decision establishes that such a facility is subject to reconstruction, the latter will be carried out at the expense of the person who carried out such construction.
Therefore, summarizing the above, the Resolution of the Plenum of the Supreme Specialized Court of Ukraine for Civil and Criminal Cases provides clarification on unauthorized construction, and as provided in paragraphs of the above resolution, if the land has a different purpose is unauthorized construction.
Thus, the decision of the competent authority to grant a permit for the development of a land use plan for the allocation of land or development of a development project transfers the land with the appropriate purpose and the person can not be considered the full owner of such land if the decision to grant permission for allotment of land or for the development of a development project.
As provided in the paragraphs of the Resolution of the Plenum of the Supreme Specialized Court of Ukraine, a list of requirements necessary for construction not to be considered an unauthorized purpose of the land must be “construction of a house” or any other real estate must have a building permit and if no significant violations of construction norms and rules were detected during the construction.
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