The Supreme Court named the conditions under which country houses cannot be demolished as unauthorized construction

Supreme Court reviewed draft resolution of the plenum “On some issues arising in judicial practice when applying the rules on unauthorized construction.” The document names the conditions under which residential buildings created on dacha plots cannot be demolished as unauthorized buildings. I studied the resolution of the plenum of the Supreme Court RAPSI.

According to the document, residential buildings and residential buildings located on dacha and garden plots must simultaneously meet the following conditions:

• rights to them were registered before September 1, 2018;
• they comply with the maximum parameters of permitted construction;
• buildings are located on land plots owned by their owners.

The category of objects not subject to demolition also includes objects of cultural heritage or objects that have the appropriate characteristics established by the article of the law “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation.” The document also notes that a decision on demolition cannot be made in relation to objects “which, by virtue of the direct instructions of the law, are subject to the regime of immovable things, but are not such due to their natural properties” – for example, aircraft and sea vessels subject to state registration, ships inland navigation. In addition, such a decision cannot be made in relation to movable property objects – these are non-stationary retail objects, elements of improvement.

According to current legislation, a decision on the demolition of unauthorized buildings can be made by a court or local government body in accordance with Article 222 of the Civil Code of the Russian Federation. According to the law, an unauthorized building is subject to demolition by its owner or at his expense.

How do the capital authorities approach the problem of self-building? material “Ъ”.