If a person does not receive permission from the administration of the region to erect any structure, then such a building is officially recognized as an unauthorized structure. It can be officially registered, but only on condition that during its construction any construction norms and rules were not violated. Otherwise, the court decides to demolish the unauthorized building. In some situations, such a decision may even be made by representatives of the local administration. The plaintiff in such cases may be state bodies or private individuals.
What is an unauthorized building?
Based on Art. 222 Civil Code, an unauthorized building is represented by a building, the construction of which violated the following rules:
- the land was not registered by the owner of the house;
- for construction, a territory is selected that is not intended for housing construction;
- the house was built without prior permission from state authorities;
- any town-planning or construction norms and rules were violated during construction.
In some situations, the owner of such a building can correct the situation, for which he performs redevelopment or quickly draws up the land. But in most cases, the demolition of an unauthorized building is carried out by decision of the administration or court.
Demolition grounds
The procedure is performed only if there are good reasons that must be proved in court. It is the plaintiff who prepares such evidence, and also draws up a statement of claim on the demolition of the unauthorized building. Typically, the following reasons are used as the basis:
- the site on which the building was erected belongs to another person;
- a representative of the municipal government revealed that permission was not obtained for the construction of a particular facility;
- during the preparation of the cadastral plan, it was discovered that during the construction of the building significant norms and rules were violated.
Even the presence of one of the above violations is the basis for the demolition of the structure.
When demolition is not allowed?
The decision to demolish unauthorized buildings will not be made by the court under the following conditions:
- the building is not a property;
- the building was officially registered by the owner in Rosreestr;
- the owner of the building was not aware of the various restrictions that existed on his plot of land;
- the building is represented by a residential building erected on a summer cottage, but at the same time, the right to the object was registered until 2018, and any construction requirements were not violated.
Each case is carefully analyzed and examined by the judge.
How is the decision to demolish a building made?
Demolition of unauthorized construction is allowed only when certain sequential actions are performed. The procedure is implemented only with a court decision or a document drawn up by a representative of the region’s administration.
The process itself is divided into the following stages:
- the person initially interested, represented by a public servant or private person, file a lawsuit to demolish the unauthorized building;
- other documents confirming the plaintiff’s rightness are attached to this statement of claim;
- a court session is held to evaluate the evidence available to the plaintiff and defendant;
- if the court decides to demolish the facility, the procedure is carried out exclusively by the owner of the building at his own expense;
- if in court it is impossible to identify the owner of the illegal building, then the demolition requirement may be presented to the owner of the land plot where the building is located;
- if the owner of the building refuses to demolish, then the local administration can sue for the sale of land and buildings at a public auction, so the new owner will be forced to demolish the object;
- if the land is leased, it is the tenant who is obliged to deal with the demolition of the object at his own expense;
- in some situations, the local administration of the region is independently engaged in these works.
The process of destruction of the structure should be carried out taking into account Art. 55.30 and Art. 55.31 GrK.
Local Government Decision Making
Demolition of an unauthorized construction is not always carried out by court decision, as sometimes such a decision is made by local authorities. But this is possible only in a few cases enshrined in law. The representative of the administration is obliged to notify the owner of this object and the owner of the land plot about the decision.
Such a decision is made by local authorities, provided that the object is built on state or municipal land. Additionally, this demolition method is used if the building can harm the health or life of people.
The decision of the administration can be appealed by the owner of the object in court, and such cases are considered within a month after the filing of the claim.
Who can act as a plaintiff?
Different people can apply for demolition of an unauthorized building. These include:
- owner of the territory on which the building was built;
- a person whose rights or interests are violated while maintaining the integrity of the building;
- representative of the local administration.
The lawsuit is brought directly to the person who was involved in the construction of this facility. If there is no information about this person, then a statement is presented to the person who is the owner of the land.
The terms of the destruction of the building
Demolition of unauthorized construction is carried out in the period from 3 months to a year. The specific deadline is set by the court or local administration.
Such a long period is due to the need to provide the building owner with an opportunity to appeal the decision of state bodies.
Which court should I contact?
When choosing a court to which a lawsuit will be filed, the following requirements are taken into account:
- the lawsuit is filed with the arbitration court if the individual entrepreneur or company is a participant in the process, but the business representative must use the building to make a profit in the process of doing business;
- the application is submitted to the district court if the defendant is a Russian citizen who does not use the building to generate income.
A court is selected at the location of the unauthorized structure. The limitation period for the demolition of an unauthorized building is represented by a standard period of three years. This period begins from the moment the defendant learns that his rights or interests have been violated in any way. If the deadline is missed, the application will not be accepted by the court.
Rules for making a claim
If you plan to demolish any building that is recognized as unauthorized, it is important to correctly draw up a lawsuit. It can be formed by government officials or private individuals, but the standard requirements for this document are:
- The grounds for filing a claim must be cited, which must be reasonable and respectful;
- links to regulatory documents confirming the plaintiff are correct;
- describes the direct structure and land on which it is located;
- The address of the building, its area, cadastral data and other parameters are indicated;
- competently formed claims for the demolition of unauthorized buildings.
Such a statement is considered within a month. The requirements indicate the need to recognize the structure as unauthorized, as well as the importance of its demolition.
What other requirements can be included?
In addition to the standard requirement for the demolition of the building, you can include other important conditions in the lawsuit. These include:
- termination of the owner’s ownership right to this object and land, moreover, if the court decides positively, the necessary changes will be made to the USRN;
- eviction of people registered and living in this unauthorized building, as otherwise the bailiff will not be able to execute the court decision related to the demolition of the building;
- collection of funds from the defendant in favor of the plaintiff if for various reasons he refuses to execute a court decision;
- if the structure threatens the life or health of others, the plaintiff may demand the immediate execution of the decision.
The court does not always satisfy absolutely all the requirements of the plaintiff; therefore, it takes into account different circumstances. Often, the judge refuses the immediate execution of the decision, as there is no good reason for this.
State Duty Size
Filing a claim requires payment of a fee by the plaintiff. The amount of payment depends on where exactly the application is sent:
- if the plaintiff appeals to the arbitration court, then he will have to pay 6 thousand rubles. in the form of a fee;
- when applying to the court of general jurisdiction, 300 rubles are paid. citizen, and if the plaintiff is a company, then for her the duty increases to 6 thousand rubles.
If the receipt confirming the payment of the fee is not attached to the claim, the application will not be considered by the court.
What documents are attached?
Documents confirming the correctness and validity of the plaintiff's claims must be attached to the lawsuit. The following documentation is most often prepared:
- papers confirming ownership of the land, if the plaintiff is the landowner;
- the conclusion of expert institutions on the violation of various standards in the process of building construction;
- correspondence with the defendant, in which it is clear that the land owner did not give permission for the construction of the facility;
- other documents depending on the particular case.
It is with the help of well-prepared documentation that the plaintiff will be able to confirm the validity of his claims. In addition, it is advisable to use the help and advice of lawyers to win a lawsuit.
Conclusion
Demolition of unauthorized construction is possible by decision of the court or the administration of the region. There must be good reason for this, confirmed by official documents. Any defendant may appeal.
Direct demolition is carried out using special equipment at a strictly set time. The defendant has no right to create any obstacles.