Russia (bbabo.net), - The Arbitration Court of the Far Eastern District did not allow either citizens or organizations to demand that local authorities demolish unauthorized buildings erected on state land without trial. Such an explanation was made in a special review of judicial practice.

This means that if garages or sheds that appear where they should not be bothering you, it is useless to bombard the local municipality with complaints. It is necessary to go to the competent authorities, for example, to the state construction supervision.

As an example, arbitration cited a litigation in the Primorsky Territory. A business has discovered that someone has built garages next to its land.

"Along the northwestern border of the specified land plot (outside it) there are three garages adjacent to each other, having a common foundation, making it difficult to relay communications necessary for the reconstruction of the company's plant. The owners of these objects have not been established," the arbitration court review says.

The management of the plant asked the city administration to take measures to demolish the garages. But the officials did nothing, the garages remained where they were. In fact, the arbitration court emphasized, local authorities in some cases have the right to send bulldozers to illegal buildings. However, there are rules: unauthorized structures must be indicated by the competent authorities.

It is impossible to demolish something "according to the numerous requests of the workers."

Honorary lawyer of Russia Nikita Filippov explained that the competent authorities in this case, as a rule, are the bodies of state construction supervision or state supervision in the field of protection and use of specially protected natural areas. He stressed that disputes over the demolition of illegal buildings are not rare in the judiciary.

“The key problem, in our opinion, is the length of the trial process in such cases: often such proceedings last for years,” he says. opportunities."

According to him, the conclusions made by the court do not mean that local authorities can demolish any unauthorized buildings without a court decision. “The law establishes separate cases of making a decision on demolition without going to court: in relation to unauthorized buildings erected on state or municipal lands, as well as on other lands, provided that such buildings create a threat to the life and health of citizens,” he says. Local government decisions are challenged in court, often successfully."

In turn, Ivan Bychkov, head of the Tyumen branch of the bureau of lawyers "De jure", noted that the legal approaches laid down in the review correspond to the general trend towards protecting the interests of bona fide participants in civil legal relations.

Back to news »

Decision

The Court of Cassation forbade registering in unauthorized buildings

The Eighth Court of Cassation of General Jurisdiction, when considering a specific case, pointed out: people do not have the right to register in unauthorized buildings.

In this case, residents of the Novosibirsk region rebuilt a house on their site. However, as a result, a completely legal hut turned into an unauthorized building.

“On the land plot owned by P., there was previously a residential building built in 1953, with an area of ​​33.5 sq. m, which was demolished by the defendant, and a new two-story residential building was erected, which does not meet the requirements of town planning norms and fire safety rules, in connection with which it poses a threat to the life and health of citizens," the decision of the court of cassation says. The problem is that the defendants live in this house and are even registered in it. However, the courts are adamant: the owners must be evicted and the house demolished. “P. lost the right to use the demolished log house and did not acquire the right to use the unauthorized building,” the ruling says, knowing for certain about the decision taken by the court in respect of the disputed property, acted in bad faith.

Competently

Nikita Filippov, Honorary Advocate of Russia:

- The courts began to pay more attention to the issue of good faith of the person who created the building. Thus, the court in a dispute with the ministry actually indicated that a structure is not an unauthorized building, although it was erected with the subsequent recognition of a previously issued building permit as illegal, but created in the absence of other grounds for the demolition of the building, provided for in Art. 222 of the Civil Code of the Russian Federation, provided that the creator of such a structure acted in good faith and took appropriate measures to obtain permission.In another case, also included in the review, the district arbitration court clarified that an object would not be an unauthorized construction, although it was erected within the boundaries of the regime territory, but due to the fact that the construction was carried out on a land plot that does not contain any restrictions on its use, does not pose a threat to the life and health of citizens.

Back to news »

Practice

The Supreme Court allowed the review of decisions on the demolition of houses near pipelines

An important turn in judicial practice has recently taken place: decisions on the demolition of houses in protected areas have begun to be reviewed if the owners did not know about nearby pipelines.

Before that, there were many such decisions in judicial practice. “Very often, the pipeline was underground, on the maps of the master plan of the settlement, land development rules, it was not displayed in the territory planning documentation, information about its boundaries was also not indicated on the ground,” said Honorary Lawyer of Russia Nikita Filippov.

The man officially received permission, built a house. And then, at one terrible moment, officials came to him and demanded that everything be demolished. Absolutely free. Because in the offices someone once overlooked. “The practice of courts in such disputes was unambiguous: if a residential or garden house is within the boundaries of the minimum distances from the pipeline, and no approval has been received, then it is an unauthorized building and is subject to demolition at the expense of the owner of this house,” says the lawyer. that during the construction of houses no one knew and could not know about the gas pipeline laid in the ground, the courts were not interested. However, in 2018 the law changed. The new rules obliged the owners of pipelines not only to enter into the Rosreestr information about the boundaries of zones with special conditions for the use of the territory, which include minimum distances, but also to compensate for losses in connection with the establishment of such zones.

The Presidium of the Supreme Court of Russia, in its special review of judicial practice, made an explanation: previous court decisions on the demolition can be reviewed according to new circumstances. Now, according to the law, it is impossible to recognize as unauthorized construction a house in the protected zone of the pipeline, when the homeowner did not know that there was a highway nearby.

Such legal positions have now begun to be actively introduced into practice by lower authorities.

bbabo.Net