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BLOQ

25.07.2022
164

What is an arbitrary (illegal) building and when should it be demolished?

Citizens often face some problems related to their buildings. They are warned by state authorities that their buildings are illegal and will be demolished. But according to the legislation of the Republic of Azerbaijan, which buildings are considered illegal and should be demolished? According to the Civil Code of the Republic of Azerbaijan, a residential house, other building, facility or other immovable property built on a plot of land not allocated for construction purposes or without obtaining necessary permits or in serious violation of urban planning and construction norms and rules is considered arbitrary construction. A person who has built a building on his own cannot acquire ownership rights to it. He does not have the authority to dispose of the building - to sell, donate, lease, or enter into other contracts. The right of ownership to independent construction can be recognized by the court for the person who owns the land plot on which the construction was carried out. If the maintenance of the construction violates the rights and interests of other persons protected by law or poses a threat to the life and health of natural persons, the specified person cannot be recognized as the owner of the construction. If the construction for which a permit is required does not contradict the requirements of the normative documents on urban planning and construction, the relevant executive authority must grant the construction permit. The customer applies to the relevant executive authority (institution) to obtain a construction permit. The following documents must be attached to the application:
  • a copy of the document confirming the right of ownership, lease or use authorizing construction on the land plot;
  • construction project;
  • If the customer is a legal entity, a copy of the extract from the state register of legal entities, if a natural person, a copy of the identity document;
  • The environmental impact assessment (EIA) document of projects on the types of activities specified in the appendix to the Law of the Republic of Azerbaijan about "Environmental Impact Assessment" and the opinion of the state environmental expertise of that document.
A construction object or its part whose construction has been completed or not completed may be demolished in certain cases provided by law:
  • According to the Town Planning and Construction Code, when the construction of the construction object or its part, which was started after the entry into force of this Code and is under construction, is built on the land owned by the state or municipality, which has not been allocated for construction purposes by the relevant executive authority or municipality;
  • Despite the request for a construction permit, when the construction object is built without obtaining such a permit, and accordingly, if the construction permit is not obtained within 1 year from the day of the decision to stop the construction works.
In these cases, a decision is made to demolish construction objects. This decision can be challenged in court by interested parties.