now vigorously engaged in the construction of not only specialized companies, but many individuals.Happy owners of land plots are actively being built on his possessions various plants, absolutely not thinking about the legality of this type of construction.Problems occur somewhat later, when the owner of "unauthorized construction" suddenly decides to sell, donate or transfer by inheritance of your property.
So what is the unauthorized construction?Russian Civil Code gives a clear answer to this question.Unauthorised building - it all buildings constructed on the land on which the establishment of such facilities provided by appropriate legal norms.Also it refers to the unauthorized construction of any kind of constructions carried out without the required work permit or erected in violation of generally accepted building rules and regulations.A citizen who raised the unauthorized construction, could not be considered by the owner, and therefore has no right to dispose of this property.In other words, unauthorized construction can not be sold, donated, inherited or rented.
And this troubles the owner of "unauthorized construction" does not end there.According to the law of any illegally built property is subject to compulsory demolition, and it will have to bear the expense of the owner.In addition, the construction of unauthorized buildings will have to pay an administrative fine.To avoid unnecessary material costs and does not have problems with the law, it is best to all construction work at the site carried out in accordance with legal regulations.
If there is unauthorized construction, and the relevant documents to it are missing, one solution - legalization of the ill-fated "unauthorized construction".How to legalize the unauthorized construction, and what actions need to be taken for this purpose?
Establishing ownership of unauthorized construction is carried out through the courts.We must know that no court will not recognize the property construction, which was built on land that was not intended for such purposes.In other cases, for "unauthorized construction" can be overcome.
Court has the right to legalize the unauthorized construction in cases where this structure is placed on a plot of land, which is decorated by the plaintiff in the property or taken them to rent.The ownership of an unauthorized building, placed on the ground, not owned by the applicant, may be recognized by the court only if the person in charge of the construction, to prepare all the necessary documents for this plot of land.The court will never recognize the rights of ownership of those unauthorized structures that violate the legal rights of others or pose a threat to the health or life of the citizens.
In the process of legalizing unauthorized construction will be faced with many different problems and issues, to collect a pile of certificates and documents, to expend a lot of energy and material resources.And the outcome of the court hearing unpredictable.Not the fact that the court will issue a positive decision, and unauthorized construction will be recognized as legitimate.That is why the construction of real estate is best to comply with all the conditions stipulated by the legislation.
to the future not to go for the courts to establish property rights, it is necessary, first of all, to use for the construction of objects of only the land earmarked with decorated her rights to have on hand the entire project documentation and authorization for construction, and to abide scrupulouslyall established building codes and regulations.
