Penalty for illegal building. A fine for unauthorized construction of a private house without a building permit. Judicial practice and fines for samostroy at their summer cottage

According to the legislation of the Russian Federation, the recognition of an unauthorized building, urban planning and construction rules must be established on the date of construction and be valid on the date of its detection, which it does not comply with. In addition, a building is not recognized as an unauthorized building if its owner did not know and could not know about the restrictions on his land.

Note that unauthorized construction- this is a real estate object built on land not intended for construction, or built without the necessary permits, in violation of urban planning norms. In this case, unauthorized buildings will be demolished in accordance with Art. 222 of the Civil Code of the Russian Federation, however, the court has the right to recognize the unauthorized construction as legal if the plot of land is privately owned or used for life.

Having built a real estate object, a citizen or a legal entity is obliged to legalize unauthorized construction through a court or other state organizations. Contacting a law firm will allow you to find out how to legalize the unauthorized construction of a house built on your own site. Here it is important to find out whether the principles of construction have not been violated, and whether there is a property right or a lease agreement for the land plot, whether the rights of neighbors have been violated.

If a citizen has made an unauthorized construction on his own territory, without a building permit, he must apply to the court with a statement of claim in order to avoid problems with the legalization of the building. The judge will consider the application for the preservation of the unauthorized building, and as a result you will receive the necessary decision. For this, the evidence base in the form of examinations, certificates from various state organizations must be provided to the court. There is such an important point: a claim will be accepted in court if the developer, during the construction process, attempted to obtain a building permit.

Development of land plots not in possession is illegal and all objects are subject to demolition on a voluntary or compulsory basis. City administrations are obliged to strictly monitor the intended use of land plots. Any unauthorized construction is unacceptable if there are no legal regulations confirming the right to build. If the object was built in violation of sanitary norms, fire safety rules, in violation of the territory of the site, the ownership will not be recognized and the unauthorized construction will not be legalized. The object will be demolished in accordance with Art. 222 of the Civil Code of the Russian Federation. Therefore, it is worth asking for the protection of your rights in the courts, their decision will be final.

Recognition of the building unauthorized

Questions related to the consideration of legal disputes over the recognition of an unauthorized building are increasingly being heard in courtrooms. With the emergence of the market for the purchase and sale of land plots, privatization, and lease, intensive housing construction began, which is often carried out without a building permit or in violation of urban planning standards. Due to the large number of land plots, territories transferred from the state to the private sector, it became possible to independently build houses and garages. However, any structure built on a land plot that is not allocated for these purposes or in violation of the building rules will be recognized as an unauthorized building subject to demolition at the expense of the developer.

Since a citizen who has carried out an unauthorized construction does not have the right to dispose and inherit, he must and must apply to the state authorities for registration and registration of the building. Consider the term unauthorized construction - it can be a separately erected building, unauthorized reconstruction with the construction of additional floors, attics, additional buildings to existing facilities that violate the norms of the original technical documentation. Such real estate objects are recognized as unauthorized buildings, according to the Urban Planning Code of the Russian Federation and are subject to demolition (Article 222 of the Civil Code of the Russian Federation). The courts do not formally approach the resolution of such situations; the right to independently defend their interests in the courts is recognized. If a change in area occurs as a result of reconstruction inside a building, this will not be considered an unauthorized building and Art. 222 of the Civil Code of the Russian Federation. This article is the foundation that determines the legal side of the building.

Currently, citizens have a large number of land plots in their hands, which are privately owned or under a life lease agreement. In connection with the intensive construction and development of the real estate market, the rise in real estate prices, the number of unauthorized buildings has increased. Most often, without a building permit, they build a house or cottage, utility rooms, garages, baths. As a rule, citizens do not attach importance to the fact that the unauthorized construction of a house can be demolished in accordance with Art. 222 of the Civil Code of the Russian Federation. If the land plot belongs to a citizen on the basis of ownership rights or a lifetime lease, the built house does not automatically receive ownership rights until the unauthorized construction is legalized and the title deed is received from the registration chamber. No legal actions can be carried out with such an object: sale, donation, inheritance. All that is property is the building materials from which the unauthorized building was erected. In order for an unauthorized house to be legally legal, it is necessary to apply to the court or state authorities for the recognition of ownership. The Civil Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation in the articles indicate how to issue an unauthorized construction through a court or through an interdepartmental commission on the misuse of land.

The Urban Planning Code of the Russian Federation indicates in the articles that during construction it is necessary to comply with SNiP and GOST standards, non-compliance with the standards entails the recognition of the object by the unauthorized construction of a house that does not have any legal right. Many objects were built on summer cottages and with the extension of the law on the legalization of unauthorized buildings until 2018, it gave citizens the right to legalize unauthorized construction in accordance with the norms of law. In connection with the dacha amnesty, the number of lawsuits to the courts has increased sharply, and the procedure for obtaining property rights is very long and complicated, since it is necessary to collect a lot of certificates, expert and technical documents for the trial. In most cases, an unauthorized building will be formalized if a citizen uses the services of specialists from a law firm, otherwise it will be demolished, in accordance with Art. 222 of the Civil Code of the Russian Federation.

Unauthorized construction of a garage

One of the most common complaints is the unauthorized construction of a garage on land plots not allotted for these purposes. Citizens occupy vacant land in large cities, for example, Moscow, erect temporary metal structures, while not having ownership or a lease for the land. As a result: the constructed garage will be considered an unauthorized building. This object cannot be sold or inherited, since it is located on the land plot illegally, but no one bothers to contact the city administration to allocate a land plot for construction, however, in big cities, every square meter is registered and a citizen is unlikely to receive the right to this plot, and the unauthorized garage will be dismantled in accordance with Art. 222 of the Civil Code of the Russian Federation.

It is important when building a garage to have documents confirming the ownership of the land plot or a lease for life use. A land plot may belong to a gardening partnership, the construction of a garage on these lands falls under Federal Law No. 210-FZ and it is not difficult to recognize the ownership of the unauthorized construction of a garage, several documents from the authorities are required. If the object was built on a land plot owned by a citizen on the basis of property rights, then the unauthorized garage is registered as an auxiliary building.

The land plot may belong to a garage cooperative, in such cases, it is possible to recognize the ownership of the unauthorized construction of a garage by contacting government agencies as a member of the cooperative. The owner of the cooperative garage has the exclusive right to lease and privatize the land.

The unregistered title to land allows the garage to be recognized as an illegal construction in the future. All cases of legalizing the garage go through practically the courts. The complexity of cases is often in violation of building standards and violation of the Urban Planning Code of the Russian Federation, a large amount of evidence is required, including construction and technical expertise, certificates. In any such complex case, one cannot do without legal assistance. Law firms offer their services to citizens in drafting statements of claim, collecting a package of documents, which includes: a technical passport, a declaration confirming the fact of construction, an extract from the BTI, financial documents. The number of these documents will be no less than the number of documents required to obtain a building permit.

Unauthorized construction of a fence

Sometimes they file claims for the unauthorized construction of a fence at a summer cottage or in a gardening partnership. The constructed fence must comply with the norms of land legislation, be not continuous, lattice, raised above the ground, be no more than 1.5 meters high, comply with construction standards and not pose a threat to the life and health of people.

Any land plot owned must have a certificate from the BTI on land surveying, according to which the territory of the land plot is determined. Ownership is protected by law.

If at the summer cottage the unauthorized construction of the fence was carried out in violation of the basic requirements, the fence must be demolished or dismantled. A citizen can apply in writing to a neighbor and the board of a dacha partnership with a requirement to violate his rights to the intended use of land. If the situation does not change, the affected person applies to the courts. To confirm the fact of unauthorized construction of the fence in violation of the norms, an examination is carried out. A land management specialist, independently of anyone, draws up an act, which indicates all violations, if any.

At the court session, the judge will rely on expert examination reports, if these violations are significant, the unauthorized fence is subject to demolition or dismantling.

The laws on urban planning and land management clearly describe the norms for the construction of fences, the observance of which will not lead to a controversial situation. Violation of the territory of a neighboring site when installing a fence will have consequences, all buildings should not violate the technical data of the sites, according to the standards of land surveying. All costs associated with the conduct of the trial, the costs of the examination can be recovered through the court from the losing party. Consulting a land management lawyer will help to analyze the case and assess the legality of going to court.

Basically, all unauthorized buildings are carried out on their own plots, however, there are precedents when municipal land is occupied for construction. This can be a completely built house or an annex to the house, due to the seizure of some part of the municipal land.

Unauthorized construction can only be legalized on its own site. In the courts there are claims from self-government bodies for the demolition of unauthorized buildings on municipal land, erected in violation of the norms of urban planning and violation of the use of urban land. In such cases, it is rather difficult to obtain ownership of the object, but it is possible to appeal to the city administration to allocate this site for construction. However, the courts conclude that the preservation of buildings that do not comply with Art. 222 of the Civil Code of the Russian Federation lead to an even greater erection of unauthorized buildings. Citizens hope that the court will not come up formally and will give permission for the preservation of the unauthorized construction and recognition of property rights, offering the administration to lease the land plot for life. But basically, all objects will be demolished, as they often violate urban planning plans.

The Code of Administrative Offenses of the Russian Federation established liability for unauthorized buildings on municipal land in the form of fines. To stop the trend of unauthorized buildings, it is proposed to significantly increase administrative fines and take them as a percentage of the cadastral value of the land plot. In addition, an administrative penalty may be imposed and an order will be issued to demolish the facility at its own expense. If this is not done, then the demolition is enforced.

Unauthorized construction on someone else's site

The intensive pace of construction has led to the emergence of unauthorized buildings on someone else's land without obtaining a special building permit. They began to appear on private plots, leased land and even on other people's land plots. Considering this fact from a legal point of view, it is difficult to obtain ownership of such an object, an unauthorized construction on someone else's site will be especially controversial. When filing a statement of claim for the recognition of ownership, the package of documents includes a document confirming the ownership of the land. It follows from this that, without the right to own land, a citizen has no legal right to build.

The constructed building will be demolished at the expense of the developer or sold to the owner of the land plot. An object can be built if the citizen has a documentary building permit obtained directly from the owner of the site.
Proceedings against unauthorized buildings on other people's plots is a rather complicated process and it is very difficult to solve it in favor of the developer, since land ownership is protected by law and guaranteed by the Constitution of the Russian Federation. You can try to legally register an object on someone else's site, resorting to the help of a land management and urban planning specialist. A professional lawyer, as a rule, is aware of all changes in the rules and regulations of the law and can, using his experience, help solve complex issues.

In turn, the owner of the land plot can go to court with a claim to demolish someone else's object on his site. In this case, by a court decision, the object will be demolished on a voluntary or compulsory basis at the expense of the developer.

To obtain ownership of a house, garage or other real estate object, you need to collect a package of documents. Especially important is the examination of unauthorized construction, which includes requirements for the state of the building structure of the object, the safe structure of the object.

If an annex was erected to the main building, the examination should establish the influence of the annex on the main object. If an unauthorized addition of floors was carried out at the facility, the experts will have to find out the effect of this on the load-bearing structures of the building, and whether this will lead to damage to the engineering and technical structures of the facility.
Special attention should be paid to the examination of fire and sanitary safety, which must comply with the norms of urban planning.

Before carrying out an examination of an unauthorized construction, an interested person must check the operability of the facility. If the object is in an emergency condition, the invitation of an expert is impractical. The decision made by him will clearly not in favor of the plaintiff, which will naturally affect the decision of the court.

According to the law, the construction expertise of an unauthorized building must be independent, it must not be pressured by the developer. Technical expertise is carried out in the presence of the owner of the facility. In his report, the expert must state, point by point, the compliance of the unauthorized object with safety standards and other construction requirements. All violations are also recorded in the report. Serious violations of building standards or engineering and technical communications structures will allow the court to reject the statement of claim for the preservation of the unauthorized building.

Construction and technical expertise examines the property from the standpoint of compliance with technical and construction standards. The main purpose of the examination is to study the possibility of the safe operation of the building, which are documented. The state of the supporting structures must comply with SNiP and GOST standards.

Any expertise: construction or technical, is a paid service, its cost depends on the object of unauthorized construction. When making a decision on the recognition of ownership, the technical expertise of an unauthorized building will be key in the case of unauthorized construction, if the land plot is privately owned.

Acceptance of unauthorized buildings for operation

An object erected with violations of norms or without a permit can take a long time to obtain ownership. Therefore, in order to make a profit faster, the developer begins to operate the facility. This is especially true for high-rise buildings and shopping malls. Such objects pose a danger to people, since they do not have an act of commissioning. Such an act should be issued by the commission, which indicates in the document whether the facility can be operated. But first of all, the developer must formalize the ownership, and only after that can the unauthorized building be accepted for operation on a legal basis.

The developer must carry out technical and engineering examinations at his own expense, the supporting structures, the roof, the foundation, fire safety, and sanitary standards must be checked. The experts put their signatures in the act, it indicates the shortcomings that must be eliminated, and only after the elimination the act on the commissioning of the unauthorized building will be signed in accordance with the law. Operation of real estate objects is not allowed without the permission of the commission for putting the unauthorized building into operation. The developer is liable for his property, including criminal liability.

Any building built in violation of urban planning norms, without a documentary building permit on land plots not allocated for these purposes, can be considered an unauthorized construction. It is necessary to understand that an unauthorized building is a constructed object, erected through a major overhaul of an old building, extensions to already built buildings, a superstructure of floors, the restructuring of non-residential objects into residential ones and vice versa. Everything that was built without permission must be demolished at the expense of the person who built this object. Any illegal construction entails the responsibility of persons who may be required to demolish an unauthorized building and persons who have the right to demand demolition.

Judicial practice identifies several situations when requirements for the demolition of an unauthorized building are presented to the customer or buyer.

For example, the construction was carried out with the involvement of contractors, for violation of the norms, all claims are sent to the customer, on whose order the object was built. In the case when the unauthorized building is sold, claims are made against the buyer, and in the case of reorganization of the legal entity, they turn to the person who received this object in possession.

In any case, the owner of the unauthorizedly constructed object is responsible. Dismantling and demolition of the unauthorized building will be carried out at his expense. Citizens have the right to go to court with claims for damages from the person who built this object. According to Art. 222 of the Civil Code of the Russian Federation, it is possible to demolish an unauthorized building by force.

In the event that an unauthorized construction threatens the life and health of citizens, the demolition of this object has no statute of limitations, even if there is a obtained ownership right to the object in court. In this case, by a court decision, ownership is terminated and the object is subject to demolition.

Citizens who have erected an unauthorized building and have all the necessary examinations, documents, certificates, but there is no building permit, apply with claims to the courts of general jurisdiction. The court recognizes the building as unauthorized, but does not formally approach the case when the issue of demolishing the unauthorized building is being considered. The court will decide on the recognition of ownership of the unauthorizedly constructed object. The main thing is that the claim must indicate that the plaintiff wishes to preserve the unauthorized building.

An independent appeal to the court, without having legal knowledge, will drag out the process for a long time. As a rule, a citizen or legal entity will need to go through several instances, up to the Supreme Court of the Russian Federation.

The property recognition process takes a long time, from several months to several years. To preserve the unauthorized building, it is worth contacting a specialist in urban planning law, who can do everything necessary in the case of the demolition of the unauthorized building and can win in favor of the legalization of the object.

Forced demolition of an unauthorized building

There is a certain process of forced demolition of an unauthorized building, which is determined by the laws of the Russian Federation. Elimination of violation of the use of the site is a method of punishing a citizen or organization that violated urban planning legislation. The final decision on the demolition of a building is made by the courts or a state organization that has the right to make such decisions. The administration creates a special commission, which is given powers and responsibilities to suppress violations in the field of unauthorized construction, and court appeals for the demolition of illegal buildings. Such a commission is a collegial body, but control over the actions of the commission is entrusted to the Department of Urban Development. Such commissions exercise control over the use of land, which is the property of the city administration, control their intended purpose, as well as prevent illegal construction.

If illegal unauthorized buildings are identified, this commission collects documents and takes measures to judicially consider the dispute about the demolition of the unauthorized building and the release of the site. The authorized commission has the right to apply to the judicial authorities, if the decision of the commission for control of urban planning on dismantling of unauthorizedly built objects is not fulfilled.

An individual or legal entity that does not comply with the decision of the commission, as a result, receives a court decision on the forced demolition of an unauthorized building, the implementation of which is entrusted to the developer and, in case of failure, is entrusted to the administration. Building materials are preserved after the demolition of the object. The offender is obliged to reimburse the city administration for the costs of demolishing an unauthorized building and storing building materials.

Part 2 of Article 222 of the Civil Code of the Russian Federation categorically states the demolition of an unauthorized building at the expense of the owner of the facility, and if he does not fulfill the requirements, it provides for the forced demolition of the facility by the city administration or local authorities.

It is important to know that the owner of an unauthorized building has the right to defense by going to court with a statement of claim for the preservation of the object. Cases of unauthorized buildings are usually complex and an independent appeal to the court may not bring results. Such cases under urban planning legislation usually require legal assistance from specialists, as well as their representation and support in court. It is necessary to correctly submit documents containing technical expertise and certificates from other organizations to the courts. This is a very time-consuming process that requires going through several instances. It is important to know that any demolition can only be carried out by a court order.

Application for the demolition of an unauthorized building

The claim for the demolition is ambiguous, and therefore, to draw up a statement on the demolition of unauthorized buildings, it is worth contacting a lawyer on the land and town planning code. In our country, at present, the courts have accumulated a huge number of cases of unauthorized buildings on privatized, municipal, leased land. According to Article 222 of the Civil Code of the Russian Federation, all unauthorized buildings are subject to demolition. There are several reasons when an object should be demolished. This is not the intended use of the land, a violation of construction norms, a court decision.

Such cases have territorial affiliation, they apply at the location of the object, citizens should know the claim for the demolition of an unauthorized building belongs to the jurisdiction of the district court, and is submitted to the court of general jurisdiction, all objections to the claim are based on solid arguments proving that the violations are insignificant. Most often, neighbors of adjacent sites apply to the court with a statement about the demolition of unauthorized buildings, regarding the construction of auxiliary premises, for example, baths. In some cases, the rules of fire safety and sanitary standards are not observed, as well as a controversial situation regarding the establishment of a fence between sites without observing the boundaries of the territory according to land surveying. On these disputes, an expert examination of land management specialists, the owner of the site, is carried out. The examination report indicates whether there are any violations during construction. Having in his hands the results of the examination and the claim for unauthorized construction, the citizen goes to court. Further, on the basis of this examination, a decision is made on the legality of the building, it must be formalized or demolished. No building should pose a threat to health and life, violate the norms for the intended use of the land.

Today, on the lands of the city of Moscow, there are 1.7 thousand illegal unauthorized buildings of capital and non-capital construction with an area of ​​570 thousand square meters. The government of the city of Moscow issued a decree to suppress the illegal use of land plots in Moscow and to fight against unauthorized buildings, with increased responsibility for developers. It is believed that unauthorized construction should be prevented, since it is much more difficult to deal with constructed objects. Often an unauthorized building is erected without taking into account the opinion of the inhabitants, living space is taken away, i.e. the rights of third parties are violated. This applies not only to small non-capital structures, but also to large capital objects of well-known brands. To account for unauthorized buildings, lists are compiled containing information about the objects. If there is a suspicion of unauthorized construction, experts send all the information to the district commission for combating unauthorized buildings. Further, a decision is made to demolish the unauthorized building in Moscow on the basis of the commission's conclusion. Many cases of unauthorized constructions are pending before the courts of various instances or claims have been directed to make a decision on the demolition of the object.

Illegally erected objects, especially on land that are not subject to development, are unlikely to acquire ownership and will be subject to demolition.

However, if the object is located on its own site, the demolition of an unauthorized building in Moscow is carried out by a court decision, but the developer is given the right to protect his interests. In cities such as Moscow, it is almost impossible to preserve unauthorized construction, especially in garages. A citizen is warned in writing to dismantle the facility, otherwise it will be forcibly demolished at the expense of the developer, so any construction must be coordinated with state organizations.

Illegal demolition of an unauthorized building

In Russia, the number of unauthorized buildings is increasing every year. When building such an object, as a rule, there are violations in the documentation or in violation of the norms of urban planning. If an unauthorized building is erected on a land plot that has ownership or a life lease agreement, but without a building permit, it can be legalized in court. The main thing is that all engineering and technical examinations do not find violations in the standards of GOST and SNiP.

If an unauthorizedly built object has serious violations that cannot be corrected or it occupies someone else's land, such real estate is subject to demolition. The legislation clearly stipulates the rules for the demolition of unauthorized buildings. The object can be demolished only by a court decision, it can be done voluntarily or compulsorily. The Constitution of the Russian Federation protects the rights of citizens, therefore, illegal demolition of an unauthorized building is not allowed under any circumstances. Bailiffs are obliged to warn the offender and in the presence of witnesses, and sometimes the police carry out the demolition of an unauthorized building. The presence of the owner himself is not necessary, all things and construction materials are saved for three months.

There are cases when there was an illegal demolition of an unauthorized building without a court order. A citizen can go to court with a claim for violation of the right to protect an unauthorized building. An organization or person who violates this law is liable under civil law. The courts can punish a fine for illegal actions, as well as force to compensate for material damage.

Legalization of unauthorized construction

The number of unauthorized buildings is growing every year, especially in the southern corners of Russia. Such buildings are erected on land plots that are owned or owned by the state. Unauthorized buildings are not alienated, since citizens do not have the right to own them. Only the ownership of the property allows you to dispose of the property at your own discretion. To avoid any disputes during alienation, it is necessary to legalize an unauthorized building on a legal basis.

You can bring your object into legal compliance by contacting the courts. Turning to the legal issue of how to legalize unauthorized construction for legal advice in a law firm, you need to find a specialist with the necessary experience in housing legislation. A specialist in land management and civil law will provide explanations and form a position on the registration of an unauthorized building in accordance with the legislation of the Russian Federation. It is possible to legalize an uncoordinated building if there are documents confirming the right of ownership or ownership of a land plot, even in the absence of documents permitting construction on this site. The court will accept the claim if it is accompanied by a document confirming that the subject made efforts to obtain such a building permit, but it was refused. The court will consider the claim and the documents provided by the plaintiff and make a decision based on the evidence base. The final decision of the court will indicate whether the unauthorized building has the right to recognition of ownership and if it is not required to appeal the court decision, the citizen must apply for registration of the unauthorized building with the state authorities.

Currently, there is a law on amnesty for unauthorized buildings, extended until 2018, this law must be used, otherwise then fines will be taken as a percentage of the cadastral value of the object.

Ownership of unauthorized construction

Legal concept - the right of ownership, which is the foundation of private law relations, includes the right to dispose, possession and use of an object, and its transfer by inheritance at your discretion. However, individuals and legal entities, due to various circumstances, erect unauthorized buildings without observing the urban planning standards and even operate the facility. Unfortunately, there is no uniform legal practice in this matter, and the courts consider that even with the ownership of the site, the constructed object is subject to demolition under certain circumstances. Such an unauthorized building can go through all the stages of official legalization upon recognition of ownership of the building in court and subsequently register with a state body.

When a constructed object is located on a plot belonging to another owner or a municipality, the ownership of the unauthorized construction cannot be recognized due to circumstances, namely the absence of the most important criterion - the existence of ownership of land. This right can be replaced by a lease agreement, which will allow the use of land, including for the construction of facilities. If the building carries a possible threat to the life or health of third parties, then it must be demolished, regardless of the limitation period.

The legislator provided for the right of citizens to recognize the right of ownership of an unauthorized building in court or as an alternative in state bodies. It is necessary to understand that you cannot go to court with a demand for the recognition of rights, in the absence of a procedure for applying to state bodies involved in the legalization of unauthorized buildings. The claim indicates a request for the preservation of the property, and the recognition of ownership of the property. After receiving a decision that has entered into legal force, a citizen must contact the Rosreestr for recognition of his property rights.

Recognition of ownership of unauthorized construction

Regulatory legal acts regulate the special allocation of land plots from the land fund, procedures for the construction of facilities and their commissioning. Often, the requirements are not complied with, the construction and commissioning of residential buildings is allowed, without documents allowing the use of this facility in a legal manner. The legislation of the Russian Federation leaves the citizen the opportunity to use the action for recognition of ownership of unauthorized construction in court and appeal against decisions made in the appellate instance.

An unauthorized building is a building erected on a plot of land that has not been legally allocated for this purpose, or a building that does not meet urban planning standards. When constructing an object, the following urban planning provisions must be observed:

• the developer has ownership of the land;
• the developer has a building permit;
• the object should not pose a danger to the health and life of people;
• the rights of neighbors (third parties), etc. should not be violated.

Failure to comply with these requirements causes difficulties in registering ownership of an unauthorized building. Any such building is subject to demolition on a voluntary or compulsory basis at the expense of the developer, in accordance with Art. 222 of the Civil Code of the Russian Federation.

However, Part 3 of Article 222 of the Civil Code of the Russian Federation allows recognizing the right to unauthorized construction in court, if the citizen owns a land plot for life lease or ownership.

So the Supreme Court of the Russian Federation, considering cases of different categories on unauthorized buildings, provides clarifications on the consideration of cases on the recognition of unauthorized buildings by the courts. So in the cases it is indicated that citizens wishing to legalize an object in court are required to submit documents proving that attempts were made to obtain a permit for the construction of an object and to draw up an act of commissioning an object. In the absence of such a pre-trial procedure, the statement of claim must be returned to the plaintiff with an indication of the reason.

Also, the RF Armed Forces explains that it is impossible to legalize an object located on land illegally occupied by a developer, even if the time of open ownership of the object exceeds the time of acquisition.
The law divides the rights to property that a citizen owns as his own, openly, for a long time, and property that appeared during the unauthorized construction of buildings and does not equate them. An important point in the recognition of ownership of an unauthorized construction will be the observance of the territory and the conformity of the purpose of the land plot. Any inconsistency with these standards is not allowed, and it will be impossible to obtain ownership of the erected object.

How to arrange an unauthorized building on a decorated site

In recent years, construction has experienced a tremendous rise, this is due to the transfer of land plots to private ownership, the allocation of shares to former collective farmers. Currently, the land has risen in value, due to the fact that it became allowed to build capital buildings, with the further obtaining of ownership. Citizens, building up a land plot owned by them, postpone obtaining permission for "later", as a result, an unauthorized building appears. The construction is not alienated and the real estate cannot be disposed of, the property right belongs only to building materials and the question immediately arises of how to issue an unauthorized construction on a registered site on a legal basis. Otherwise, it will be demolished at the expense of the developer or owner who built this object on a voluntary or compulsory basis, but only by a court decision.

However, there are ways to legalize unauthorized buildings if the land plot is privately owned or there is a contract for life use. It is based on the federal dacha amnesty law. The law provides for a simplified version of how an unauthorized building on a formalized site is formalized without going to court. In this case, the owner or a person representing him collects a package of documents and gives it to the state authorities, in the event that all legal norms are observed, they receive a certificate of registration of an unauthorized building.

If this option is not suitable and Rosreestr does not register real estate for any reason, you should go to court. Obtain ownership rights on the basis of a court decision. There are four conditions under which unauthorized construction on your own site can be legalized legally. But first there will be a pre-trial settlement in the administrative order. If such actions were not carried out, the court will refuse to accept the claim. To protect his rights, a citizen can apply to the courts of various levels.

Judicial practice considers the issue of how to legalize unauthorized construction on your site in accordance with legal norms is not as simple as it seems. The most difficult thing is to provide all the documents: certificates, examinations - carried out by independent government specialists, which take a lot of time. Using the law on amnesty for unauthorized residential buildings, it is already worth starting the registration procedure.

Statement of claim for the recognition of ownership of an unauthorized building

When transferring housing stock and land plots to private ownership, citizens began to file a claim for recognition of ownership of an unauthorized building in order to legalize the building in court. Now real estate can be disposed of and inherited legally. It is not uncommon for privatized summer cottages to build a house or utility room, in which a lot of money has been invested, most often it is a capital structure. However, such a house cannot be disposed of, i.e. sell or inherit, do not take any legal action. The question immediately arises about the legalization of this house. To do this, they apply to the courts according to the territorial affiliation of the object. If the cost of the object is less than 50,000 rubles, then they turn to the magistrate's court, if more, to the district court.

The main thing is that a citizen must understand that going to court with a statement of claim for the recognition of ownership of an unauthorized building is not such an easy procedure. In such cases, a specialist in unauthorized buildings can help. On the basis of legislation and legal norms, he will assess the case. Further, it will help to correctly draw up a statement of claim for the recognition of the right to an unauthorized construction, for the preservation of the building and the recognition of ownership. The owner will be the defendant at the hearing. And only after collecting a package of documents, a correctly drawn up statement of claim on ownership of an unauthorized building, payment of a state fee, the court accepts the case for consideration. In some cases, by a court decision, ownership of an object may be terminated if it threatens human life. The object is demolished or dismantled, but only by court order.

Objection to the demolition of an unauthorized building

The erection of an unauthorized building is not allowed by law, and the developer is responsible for this object. Responsibility occurs in violation of the right to ownership of a land plot, in violation of the norms of urban planning, the rights of other citizens. There are especially many disputes between neighbors due to improper construction of utility rooms for garages and baths. A citizen can file a claim for the demolition of such an object to the district court at the location of the object. Having received a summons from the court, the defendant can file an objection to the demolition of the unauthorized building, arguing that there are no violations or they are not significant. For proof, it is imperative to conduct an independent examination with the participation of land management specialists, an act must be drawn up indicating the presence of violations, if any.

It is best to apply to a law firm to file an objection to the demolition of an unauthorized building, here they will give a legal assessment of your case and advise on the case of unauthorized construction. Then you can conclude a contract for the provision of legal services on a paid basis. The legal service will include a service for drafting an objection to a claim for an unauthorizedly built object in accordance with the laws of the Russian Federation. The court will hear both parties and make a decision on the basis of the documents provided by the plaintiff and the defendant, based on the results of the examinations. And only by a court decision can an unauthorized building be legally demolished.

Reply from 1/3/2016 05:25 AM

Article 222 of the Civil Code of the Russian Federation. Unauthorized construction.

1. An unauthorized building is a residential building, other structure, structure or other immovable property created on a land plot not allotted for these purposes in the manner prescribed by law and other legal acts, or created without obtaining the necessary permits for this or with a significant violation of urban planning and building codes.

2. A person who has carried out an unauthorized construction does not acquire ownership of it. It does not have the right to dispose of the building - to sell, donate, lease, make other transactions.

An unauthorized building is subject to demolition by the person who carried it out or at his expense, except for the cases provided for in paragraph 3 of this article.

The right of ownership to an unauthorized building may be recognized by a court, and in cases stipulated by law, in a different manner prescribed by law, to a person who owns a life-long inherited possession, whose permanent (unlimited) use is the land plot where the construction was carried out. In this case, the person for whom the ownership of the building is recognized shall reimburse the person who carried it out the costs of the building in the amount determined by the court.

The right of ownership to an unauthorized building cannot be recognized for the specified person if the preservation of the building violates the rights and legally protected interests of other persons or poses a threat to the life and health of citizens.

7. Thus, in the event that the local self-government body recognizes that a residential building has been reconstructed without obtaining a permit for the construction of an unauthorized building, the developer will have to go to court for its legalization. At the same time, a technical description of the reconstructed residential building must be submitted to the court from the OTI.

8. The last stage - making changes to the Unified State Register of Rights to Real Estate and Transactions with It. In this case, it is required to make the appropriate changes about the residential building in subsection I of the USRR, in connection with which the updated information about the reconstructed residential building is entered into the USRR without re-registration on the basis of an application from the copyright holder of the reconstructed residential building or his representative and the attached cadastral passport of the reconstructed residential building containing new information about a residential building (clause 10 of article 33 of the Federal Law "On state registration of rights to real estate and transactions with it").
After receiving the relevant extract from the Unified State Register of Legal Entities on the registered ownership of the copyright holder of the reconstructed residential building, he can carry out a transaction for the sale and purchase of this residential building.

Responsibility for violation of urban planning and administrative legislation:

In accordance with article 58 of the Civil Code of the Russian Federation, persons guilty of violating the legislation on urban planning activities bear disciplinary, property, administrative, and criminal liability in accordance with the legislation of the Russian Federation. The implementation of construction or reconstruction without obtaining a building permit determines the fact of unauthorized construction. This entails serious legal consequences for the person who carried out the specified work - he commits and bears administrative responsibility in this regard. Persons guilty of unauthorized construction or reconstruction bear, in particular, administrative responsibility (Article 9.5 of the Code of Administrative Offenses of the Russian Federation), and are also obliged to eliminate the violation by demolishing the unauthorized construction at their own expense or to bring the property back to its original state (clause 2 of Art. .222 of the Civil Code of the Russian Federation). In accordance with Article 9.5 of the Code of Administrative Offenses of the Russian Federation (clause 1), the reconstruction of a residential building without a building permit entails

One of the main problems of many developers is the desire to start the construction process as quickly as possible, without obtaining permission from the authorized bodies. However, this approach is dangerous, because for the construction of an object without the appropriate permission from the authorized structures, punishment follows. The result of such actions may be not only problems with the completion of construction and putting the building into operation, but also a very large fine. That is why obtaining a permit should become a primary task, and after that - construction.

To begin with, it is worth raising a number of issues that relate to the "dry" administrative part of the legislation. So, construction is allowed after completing the following steps:

• Registration of rights to a land plot on which construction is planned. Despite the apparent insignificance, it is these documents that are checked in the first place, and their absence can easily become a reason for refusal to issue a permit.
• Registration of the project of the future structure. It is according to this documentation that the object will be erected (reconstructed). It is important that professionals deal with the issue of drafting papers, because the success of putting the object into operation largely depends on the final result.
• Project approval. This requirement follows from the paragraph above. The more professional and experienced the performer, the fewer mistakes there will be in the documents, the easier it is to resolve the issue with obtaining permission. By saving money at the stage of creating a document, you can get a low-quality building at the exit and many problems in terms of approval.
• Getting permission. If there are no claims to the papers presented for consideration, then the authorized structure issues a permit for construction.
• Obtaining a warrant allowing the organization of earthworks. This is the last organizational stage, after which you can safely proceed to the construction of the facility.

The above is the minimum number of stages that must be passed by the developer before starting work. In each of them there is another group of substages, the description of which may take more than one A4 sheet. It turns out that it can take more than one month to complete all the work. It is logical that developers are trying with all their might to speed up the process.

Only those developers who build non-capital buildings have an advantage. With this development of events, no building permits are required, which reduces the time spent on going through bureaucratic procedures. But how should the rest of the companies proceed? In practice, most developers "start" well in advance, before obtaining permits. This approach grossly violates the legislation in the urban planning sector. And here you should be ready to receive a fine, the amount of which can be very significant (more on that below).

Now about the numbers

The requirements and norms of legislation in the field of construction of construction projects are discussed above. From the above, we can conclude that it is prohibited to start construction without permission. Now it is worth figuring out what kind of punishment awaits developers who have begun to carry out work without permission. According to the legislation (the Code of the Russian Federation on Administrative Violations), the start of construction in such a situation is contrary to the legislation. The aforementioned code contains Article 9.5, which considers the punishment for violating the prescribed procedure for the construction or reconstruction of an object, as well as its commissioning. If you believe the article, then building without a permit entails very serious sanctions:

• If the offender is an individual, that is, an ordinary citizen, then you will have to pay 2-5 thousand rubles.
• If officials act as violators, then the amount of the fine is higher - from 20 to 50 thousand rubles.
• For citizens who are engaged in entrepreneurial activity (for example, for individual entrepreneurs), the fine is 20-50 thousand rubles. In addition to financial punishment, the violator may be deprived of the right to conduct business for up to three months.
• Legal entities "suffer" the most. If the construction was started without permission by legal entities, then the financial penalty ranges from 500 thousand to a million rubles. As in the previous case, a more serious penalty is possible - suspension of activities for a period of up to three months.

As you can see, violation of the requirements of the law pours out to the violator in a round sum. This is especially true for legal entities, the size of the fine which reaches the "sky-high" amount of one million rubles.

What other fines are expected for developers? Here it is worth returning to the text of the RF Code, which was mentioned above, and studying another article - 7.14. It states that it is prohibited to carry out construction, land reclamation, excavation or economic work without the permission of the relevant state structure. But there is a caveat that this requirement does not apply to cases in which obtaining permission is not mandatory.

The mentioned article is relevant for everyone who carries out work on the reconstruction of existing buildings belonging to the group of cultural heritage objects of a settlement or an entire region. If this article is violated, the amount of the fine will be different:

• individuals (ordinary citizens) will have to pay 1-1.5 thousand rubles;
• officials are punished more seriously - 2–3 thousand rubles;
• legal entities will have to pay 20-30 thousand rubles in case of violation.

Separately, it is worth noting the issue of the designated purpose of the site on which the construction is underway. Often this point is not given due attention, which is considered a gross mistake on the part of construction companies. If the development is carried out not taking into account the intended purpose of the land allotment and not according to the rules of application, then you will also have to pay for this:

• individuals (ordinary citizens) will have to fork out for 1-1.5 thousand rubles;
• officials - by 2-3 thousand rubles;
• legal entities - 40-50 thousand rubles.

It should be noted the provisions of the codes that operate at regional levels. It also provides for punishment for erecting a building without the permission of the relevant authorities. As a rule, punishment in the case of laying cable products, erecting a structure or rebuilding a building without a permit implies the imposition of an administrative penalty:

• ordinary citizens will have to pay 2-4 thousand rubles;
• officials will have to “fork out” 5-10 thousand rubles;
• legal entities will give 50-100 thousand rubles.

The next violation concerns the deadlines for sending a notification about the start of construction work. So, if the developer untimely notified the relevant state structure about the start of work on the construction (reconstruction) of the building, then the following administrative punishment is assumed:

• for individuals, the fine will be 0.5-1.0 thousand rubles;
• for employees of institutions (officials) - 10-30 thousand rubles;
• for individual entrepreneurs - 10-40 thousand rubles;
• the largest amount of the fine is provided for legal entities that will have to pay 100-300 thousand rubles.

If the developer resumed the process of performing work until the previously identified violations by the state construction supervision are eliminated, then here you will also have to part with a certain amount:

• citizens - 2-5 thousand rubles;
• officials - 20-30 thousand;
• Individual entrepreneurs - 10-40 thousand;
• legal entities - 50-100 thousand.

In the last two cases, the violator may be deprived of the right to conduct business for a period of 3 months.

If the construction company received permission to commission the structure, but not all conclusions were received, then the official who made such a decision will be forced to part with 20-50 thousand rubles.

The last point concerns the operation of the building. It is prohibited to use the building without obtaining the appropriate permission. In this case, citizens, officials or legal entities are punished with the following fines - 0.5-1.0 thousand rubles, 1-2 thousand rubles, as well as 10-20 thousand rubles, respectively.

Outcomes

Developers often ignore legal requirements and find themselves in an administrative "trap". To avoid such problems, it is enough to accurately comply with the requirements of the legislation and not force events during the construction of the structure. It is often easier to hand over an object later than to lose a large sum and face a number of problems in the process of putting a building into operation.

Judicial practice shows that unauthorized actions are not uncommon. Someone builds them out of ignorance of the laws, and someone does it on purpose, hoping that they will be able to avoid any punishment for their actions. In this article, we will consider what, according to the law, a squatter construction can lead on its own plot of land, as well as on state plots. Let's pay attention to court practice and fines that can be received for such activities. We will also consider the IZhS phenomenon.

To begin with, it is worth saying that if you are interested in unauthorized construction of a non-residential building on your own land plot, then it is worth remembering the following very important nuances:

• Self-construction of a non-residential building on its own plot in the form of a bath / annex to the house / other technical premises is completely legal and does not require any additional approval.

• If you decide to build a non-residential commercial building on the territory of your own land plot, then the situation will be more complicated. Even if the land plot is yours according to the documents, you will still need a specialized permit to build a commercial building on your own plot. Otherwise, this construction will be considered illegal due to violation of the designated purpose of the land. In fact, it doesn't take much time to process such documents for commercial construction.

There are the following methods of registration:

• Retroactive design.

• Contacting a specialized commission.

• Legalization of the building through the court.

In the first case, all construction documentation is issued retroactively (these are IRD documents, construction work permits, etc.)

In the second case, you can contact the commission that understands the City Planning Code. Immediately after the appeal, the commission will decide whether to give you permission or not. By the way, you must have good reason to build a non-residential commercial building on your own territory.

The third case is similar to the procedures of the second, only the decision is made through the court. Usually, the third case is resorted to when there are any problems with the first two. In court, for a successful decision, you may find it useful:

• Documents that confirm the fact of construction.

• Documents that confirm that other persons do not apply for your commercial self-construction.

• Documents detailing the technical characteristics of an object.

• Documents that state that your squatter does not violate the rights and interests of third parties.

Judicial practice and fines for samostroy at their summer cottage

Now let's move on to the specifics of what can threaten for illegal squatter, for example, in a summer cottage. Even if you managed to build a squatter building in order to avoid any legal procedures at the summer cottage, then remember the following:

• Illegal squatter construction is not considered real estate and cannot be registered with state authorities in the future.

• Such an object cannot be officially sold or legally inherited.

• The so-called acquisitive prescription does not apply to such an object.

Depending on the size of the unauthorized building, the land on which it was built, and the time of the discovery of the latter, the fines can vary and range from 50,000 to 1,000,000 Russian rubles. As you can see, the fines for unauthorized buildings are not funny. Also attributed to the fine is the possibility of seizing a land plot in favor of the state.

What is IZHS?

Finally, we will talk about IZHS. Many have heard this abbreviation, but did not understand what it means. IZHS is an individual housing construction. It represents the provision of citizens with legal housing with a height of no more than 3 floors and designed for one family. In individual housing construction, registration at the place of residence is usually possible. Also, in IZhS, in almost all cases, the presence of extensions, add-ons and other things is legal.

As the legal practice shows, individual housing construction becomes purely your personal plot, which the other party has no right to encroach on in the event that no specific violations are observed (illegal increase in area, completion of more floors, etc.).

As a result of this short article, I would like to say that we have considered the main legal nuances regarding self-construction. We sorted out what an illegal squatter at their own site can carry, talked about judicial practice and fines. This information will allow you personally to avoid all sorts of mistakes regarding the construction of unauthorized buildings, if any in your plans. Remember that in the actions of such a plan, you should still be guided by the law and common sense. Good luck!