In addition, for violation of the established procedure for construction, reconstruction, overhaul of the object of capital construction, its commissioning exists administrative responsibility. So, in accordance with Article 9.5 of the Administrative Code (5):
a) construction, reconstruction, the overhaul of capital construction facilities is carried out without permission to include the imposition of an administrative fine on citizens in the amount of from two thousand to five thousand rubles; on officials - from twenty thousand to fifty thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from twenty thousand to fifty thousand rubles or the administrative suspension of their activities for a period up to the ninety day; On legal entities - from five hundred thousand to one million rubles or the administrative suspension of their activities for a term before the ninety day.
b) for violating the timing of the direction to the authorized for the implementation of state construction supervision of the federal executive body, the executive authority of the subject of the Russian Federation of Notification of the Start of Construction, Reconstruction, Overhaul of Capital Construction Objects or the Unquesting Commissioners for State Construction Supervision of the Federal Executive Authority, Organ the executive authority of the constituent entity of the Russian Federation on the timing of completion of work that is subject to verification - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; on officials - from ten thousand to thirty thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from ten thousand to forty thousand rubles; On legal entities - from one hundred thousand to three hundred thousand rubles.
c) the continuation of work before drawing up acts on the elimination of the federal authority of the executive authority of the executive authority of the executive authorities of the constituent of the Russian Federation of deficiencies in the construction, reconstruction, the overhaul of capital construction objects to the implementation of state-building supervision
entails the imposition of an administrative fine on citizens in the amount of from two thousand to five thousand rubles; on officials - from ten thousand to thirty thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from ten thousand to forty thousand rubles or the administrative suspension of their activities for a term before the ninety day; On legal entities - from fifty thousand to one hundred thousand rubles or administrative suspension of their activities for a period before the ninety day.
d) issuance of permission to commission an object into operation in the absence of conclusions of the authorized on the implementation of the state construction supervision of the federal executive body, the executive authority of the subject of the Russian Federation in the event that during the construction, reconstruction, the overhaul of the capital construction object by the legislation of the Russian Federation on urban planning activities is envisaged The implementation of the State Construction Supervision -
he entails the imposition of an administrative fine on officials in the amount of from twenty thousand to fifty thousand rubles.
e) operation of the object of capital construction without permission to commission it, except for cases, for the implementation of construction, reconstruction, overhaul of capital construction facilities are not required to issue a construction permit -
entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; on officials - from one thousand to two thousand rubles; On legal entities - from ten thousand to twenty thousand rubles.
The construction of construction without the presence of appropriately decorated permits may have quite serious adverse effects. First, these are the consequences of unauthorized buildings. According to Article 222 of the Civil Code of the Russian Federation, Part 1 (1) Unauthorized construction is a residential building, another building or structure created on a land plot that is not designated for these purposes in the manner prescribed by laws and other regulatory acts or without obtaining This is necessary permits or with a significant violation of urban planning and building standards and rules. The person who has fulfilled the unauthorized building does not acquire property rights on it, and, therefore, will not have the right to dispose of the construction, i.e. Sell, give, take rent, perform other transactions. The most unfavorable consequence in this situation is the responsibility of the person who has fulfilled the unauthorized construction, to demolish it at its own expense (part 2 of paragraph 2 of Article 222 of the Civil Code of the Russian Federation Part 1 (1)). An exception to this rule is the ability to "legitimize" a unauthorized building and thereby avoiding her demolition. This is a recognition in court the right of ownership of unauthorized buildings. However, the recognition of the ownership of the face that made the construction on the land not belonging to him is possible only if this plot will be in the prescribed manner provided to this person under the built building (paragraph 3 of Article 222 of the Civil Code of the Russian Federation Part 3. (1) ). The ownership of the unauthorized construction can be recognized by the court, and in the case provided by law in the other procedure established by law by the person, owned by the life-inherited ownership, permanent (indefinite) of which there is a land plot where the construction was carried out. In this case, the person for which the ownership of the construction is recognized, reimburses the costs of building in the amount determined by the court. However, the recognition of property rights is possible only if the preservation of the construction does not violate the rights and protected interests of others or does not create a threat to life and health of citizens.
In addition, for construction without permits, there is administrative responsibility. So, in accordance with paragraph 1 of Article 9.5 of the Administrative Code (5), buildings and structures, as well as objects of individual housing construction without permission leads to the imposition of an administrative fine. Moreover, citizens exercising such construction, legal entities and officials of such legal entities are subjected to an administrative penalty.
Real estate needs registration, but many owners are consciously ignored. It is considered, since the land belongs to the owner, it means that you can do anything and build that it wants. Why spend money on permits and notifications? Meanwhile, legal sanctions threaten for illegal construction.
The consequence of the construction of unauthorized buildings in the Russian Federation may not only be a penalty, but also criminal liability. The supervisory authorities are not particularly ceremony with violators. Is it worth going to risk or better legalize the construction? What fines threaten to violators in 2020 and how to avoid them - the answers in our article.
What buildings need to register?
Distinguish capital and non-capital structure. The first and the second is not. Capital buildings are represented by objects that have foundation. They cannot be moved without prejudice to the design.
By August 4, 2018 it was possible to build a garage, a garden house, an extension and other non-capital objects without. The new rules have obliged to register private houses on sites under Izhs - now instead of permission, there is a notification order - by virtue of Art. 51.1 GRK of the Russian Federation.
The developer draws up a project, technical documents and a statement. They are considered in the architectural department under the administration and give "good" to the construction of the house. This applies to multi-storey houses, capital garages, objects for business and other structures. If the structure has no foundation, but is presented with light and collapsible design - permissions and notifications are not required.
Tax services are carried out regular raids in garden sites. The purpose of such raids is to identify illegal buildings and attract violators to justice. Now actively introduce aerial photography of the SNT territories. Quadcopters fly through the air and detect objects even behind the highest fence.
Example:
Ivanov and Petrov - Neighbors in the garden. Both of the land under the ILS, both live in the built residential buildings. Ivanov has a car and he needs a garage. He hires builders brigade, draws up a project and prepares for construction. Given that the garage will be Capital - Ivanov must notify the administration of construction. Then you need to put the garage on cadastral records and register the right of ownership + to pay real estate tax. Otherwise, a fine or demolition of the construction. Petrov Garage is not needed - he needs a street toilet and a small shed under the inventory. Both buildings without foundation. The ownership of them is not necessary. Construction also does not require the notification of the authorities. For the lack of registration of the toilet and Saraj, Petrov does not threaten any sanctions.
Consequences of the construction of self-employment
Illegally erected construction is considered self-employment. Qualify the object as "self-cauldron" can be in accordance with the Civil Code.
The law clearly allocates the following signs of samostroy:
- building on Earth is not for construction (for example, a plot outside the city under gardening);
- construction on someone else's land plot;
- missing permits / notifications;
- violated SNiP and other norms.
A combination of such signs gives. The developer who elevated him threaten legal sanctions.
What threatens the construction of the samostroy:
- Administrative responsibility - It is applied by virtue of paragraph 2 of Art. 222 of the Civil Code of the Russian Federation. The development initiator does not have the right to dispose of the object: sell, give, exchange, lay, pass and other. or enabled in a decent view in all parameters. Reception costs lie on the violator. At the same time, the owner threatens an administrative penalty in the framework of the COAP of the Russian Federation.
- Criminal liability - by virtue of Art. 159 of the Criminal Code of the Russian Federation "Fraud". The punishment is fine, arrest, mandatory or forced work, up to prison sentence. However, acts need to prove. Usually punish entrepreneurs who build objects under the Company's maintenance, but do not register them in Rosreest.
Most often, administrative sanctions are found - and a bright example is a penalty from the tax.
What a fine?
The owner who erected on the land plot in the property the samostroe object is facing the punishment in accordance with paragraph 1 of Art. 9.5. COAP RF:
- The lack of permission / notification on the construction of capital objects, when such permissions are needed by law, shall be punished:
- for individuals (citizens) - a fine of 2,000 to 5,000 rubles;
- for officials - from 20,000 to 50,000 rubles;
- on illegal entrepreneurs - similarly to a fine for officials or suspension of activities for up to 3 months;
- for legal entities (companies) - from half a million to 1 million rubles, or the suspension of activities for illegal entrepreneurs.
- Failure to comply with the deadlines for the notification of the administration on the start and completion of construction work on the site, shall be punished:
- for citizens - from 500 rubles to 1 000 rubles;
- for government representatives - from 10,000 to 30,000 rubles;
- for illegal entrepreneurs - from 10,000 to 40,000 rubles;
- for companies - from 100,000 to 300,000 rubles.
- The continuity of the work when acts were drawn up to eliminate the shortcomings during construction, shall be punished:
- for individuals - 2,000 to 5,000 rubles;
- for officials - from 10,000 to 30,000 rubles;
- for illegal entrepreneurs - a fine of 10,000 to 40,000 rubles, or suspension of economic activities for up to 3 months;
- for legal entities - a fine of 50,000 to 100,000 rubles, or a ban on commercial activities for up to 90 days.
- Violation of the rules for the operation of the capital construction facility is punishable:
- for citizens - from 2,000 rubles to 5,000 rubles;
- for government representatives - from 20,000 to 50,000 rubles;
- legal entities - from five hundred thousand to 1 million rubles.
Opinion expert
Alexey Petrushin
Lawyer. Specialization family, housing law.
The second kind of sentences in the Russian Federation for the inappropriate use of land resources. If the owner builds a house on a plot for gardening, he faces administrative responsibility under Art. 40 and art. 42 Land Code of the Russian Federation.
Notes sanctions for such violations in the form of fines:
- for individuals - from 0.5 to 1% of the cadastral price of the land plot (if determined), but not less than 10,000 rubles;
- for officials - the cadastral rate rises from 1 to 1.5%, and the penalty increases to 20,000 rubles;
- legal entities face a fine to 100,000 rubles, and if cadastral cost is defined - from 1.5 to 2%.
If the cadastral price is not defined, penalties apply. Individuals - from 10 to 20 thousand, authorities from 20 to 50 thousand, and companies from 100 to 200 thousand rubles. Non-payment is fraught with debts and accrual of penalties.
Where to complain about illegal construction?
A typical situation in Russia - a citizen is undermining a construction site on its plot, but at the same time the object prevents his neighbors. Or a person opens a trading point, but does not have licenses and permits. Can the neighbors influence the situation to whom and where to complain?
To protect your rights, you need. Sometimes appropriate complain directly into the supervisory authority, for example, to protect environmental management. After the appeal, they will check, and the violation will be established.
You can also file. Cases are considered in urban (district) courts at the location of the object.
If the case has a criminal shade, for example, under Art. 159 of the Criminal Code of the Russian Federation, the complaint to the administration will not help. Neighbors need to be served statement to the district prosecutor's office or to the investigator. If there is a crime, the application is issued in the name of the investigator of the Police Department. The addresses of the ATS can be viewed on the map or on the site of the Ministry of Internal Affairs.
Check out complaint about illegal construction:
Tips for lawyers:
1. How to attract the developer to justice for breaking down?
1.1. You need to apply for a statement in the building supervision. The task of state construction surveillance is the prevention, identification and suppression of admitted by the developer, the customer, as well as a person carrying out construction on the basis of an agreement with a developer or customer (hereinafter referred to as the contractor), violations of legislation on urban planning activities, including technical regulations, and project documentation ( Clause 3 of the provisions on the implementation of the State Construction Supervision in the Russian Federation approved by Decree No. 54).
Have you helped the answer? Well no
2. Situation: the neighbors from the lawn made parking, but did not make the pavement (it was not, the developer of bankrupt, therefore saved). Question: Should there be a sidewalk necessarily or not? Is it possible to bring to justice for a breakdown of SNiP, is it possible to punish someone at all that there is no sidewalk in the yard, and there is only a parking lot, and there are no pedestrians to go?
2.1. First of all, it is necessary to see the plan, everything is described in detail where and what is located. It is approved by the Administration. After that, write to the prosecutor's office.
Have you helped the answer? Well no
3. Is the responsibility (fine) have been established for violation of SNiP 30-02-97 (1 meter from the border when building buildings)?
3.1. No, there is no such responsibility. But this is the basis for going to court.
Have you helped the answer? Well no
4. Is the SNiP 30-02-97 mandatory to fulfill horticultural members and what liability is provided for violating these rules and rules?
4.1. Yes it is. And civil and administrative. Possible criminal proceedings in case of crignination
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5. What liability threatens to the head for violation of clause 4.1.3. SNiP 12-04-2002. as well as pp.7.2.2., 7.2.4., 7.2.5., 7.2.6. GOST 12.0.004-90.
5.1. The main thing is clear, well, I believe that no more than a year shot with salty cucumbers ...
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6.1. Legal monitoring of documents - a paid service.
Have you helped the answer? Well no
7. The director of the design of the design, on my written appeal on the issue of violation of this SNIP LLC when designing the complex overhaul of our MK after 30 days I did not answer. Please advise on two issues. 1. Is it a federal law from 02.05.2006 No. 59-FZ? 2. And where should I contact this issue?
It seems to me that every citizen of the Russian Federation has the right to apply to state and municipal institutions and other organizations that are entrusted to the implementation of publicly significant functions, with a written statement and receive a written response to the deadlines established by law. These organizations must be addressed to the addressee by written motivated answers to the appeals received by them, while Article 5.59 of the Code of Administrative Offenses of the Code of Administrative Offenses provides administrative responsibility for non-fulfillment of these requirements of the law. The sanction of the specified norm, in particular, when attracting an official to responsibility, provides for the imposition of a penalty in the form of a fine of 5,000 rubles to 10,000 rubles.
Thus, Article 33 of the Constitution of the Russian Federation, as well as Article 2 of the Federal Law of 02.05.2006 No. 59-ФЗ on the procedure for considering the appeals of citizens of the Russian Federation (hereinafter - Federal Law No. 59-FZ) Citizens of the Russian Federation are given the right to send individual appeals to state and Municipal institutions and other organizations that are entrusted with publicly significant functions. In accordance with paragraph 4 of Part 1 of Article 10 of the Federal Law No. 59-FZ, the official gives a written response on the merits of the issues.
According to Part 1 of Art. 12 of the Federal Law of May 2, 2006 N 59-FZ on the procedure for considering the appeals of citizens of the Russian Federation (as amended from 07.05.2013, hereinafter - the law N 59-ФЗ) written appeal entered into the state body, local government or The official in accordance with their competence is considered within 30 days from the date of registration of written circulation. Or am I wrong?
7.1. Right, act.
Have you helped the answer? Well no
8. 06/30/2016 A contract has been concluded from the LLC to build a house from a bar in the country area. Term under the contract 12.07-12.09.2016.
07/22/2016 A brigade came up with the material, began to build. 07/27/2016 Together with the representative of LLC, it was decided to stop construction due to poor-quality material and violation by the brigade of the SNIP construction standards. Ltd. decided to replace the material and brigade. As of August 17, 2016, there are no brigades on the site, the material lies the old, the timing of the arrival of the new brigade and the import of LLC LLC does not report. ("Feed tomorrow mi"). Do I have the rights ahead of schedule to demand the rupture of the contract with the refund of paid funds and demand compensation for moral damage? (in pre-trial / court?)
8.1. If the contract with you is like with the physical lady ... The right thing you have, but it will be necessary to prove that the rupture of the contract has a strong moral suffering for you.
Have you helped the answer? Well no
8.2. If the contract was concluded in writing, then before. How to apply to the court, you should also apply in writing to the LLC with a proposal to terminate the contract due to the failure to fulfill the main conditions of the contract (list).
Then, after receiving or not receiving an answer from them, contact the court. All copies directed by LLC, save envelopes too, if the letters come.
Have you helped the answer? Well no
8.3. If you have no stages of construction and terms in the contract, it is better to wait for the end of the term under the contract and the directions of the claim to the Contractor's Contractor. Compensation of moral damage is reimbursed only in court.
Have you helped the answer? Well no
8.4. Yes, you can contact them first with the appropriate complaint, and then with a lawsuit in court.
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8.5. Alexander, you not only have the right to terminate the Treaty and require the return of funds, but also require payment of a penalty for violation of the deadlines. Contact lawyers for writing a competent claim. In case of dissatisfaction of your claim within 2 weeks, you will need to go to court. The main problem may be that this LLC has nothing on the balance sheet and accounts. Therefore, to obtain a court decision is not a problem, but to fulfill the court decision and collect money in reality may be a difficult task. Therefore, I strongly recommend contacting specialists who have experience in challenging contracts and debt collection. Good luck!
Have you helped the answer? Well no
9. In 2001, we bought a private house with central water already. That the well is located outside of the household, I learned only when, referring to 261-ФЗ dated November 23, 2009, the staff of the Vodokanal officers unimpressed the counter. At 7 am to sign an act of commissioning at 7 am, threatening that in case of failure, the water will turn off to us. Considering the fact that they and so without our knowledge have free access to our well managed to them at their discretion, I signed a contract and the act that now we will pay water on the counter., Because it really feared that they can disable water. On payment for the device and its installation there was no conversation and no papers. In the summer of this year, they sent a notification with the requirement to pay the cost of the device and its installation. I went to Vodokanal, just no one became talking to me. They answered that no copies give and that if we suddenly miss the planned meter maintenance, we will pay at the rate. But we used to pay at the rate and the amount of water did not exceed 150 rubles. per month, therefore, as such a meter, if it is in general in the well, I am not profitable at all. Moreover, lying through the Internet. I came across that this meter is established with impaired SNIPA, and moreover, acquiring ownership of it, I will be responsible for its safety and preservation of seals. And how can I implement it? Yesterday sent the agenda to the court. How can I behave right there? Accept for payment? Can I have a court in this case to ask the installments provided for by the same 261 law or will it already be necessary to solve with the bailiffs? Or do I refer to the wrong setting of the counter, do not agree with its payment and its installation? Help how to be?
9.1. Claim, with refusal - to court.
Have you helped the answer? Well no
10. In the judicial board on civil cases.
Supreme Court of the Republic of Bashkortostan from the representative of the plaintiff of Minnikhanova Alphia Camilevna -
Lykova Denis Nikolayevich, address: 452602, RB, Oktyabrsky, st.Kivivikina, d.3,
LLC "Yu" Aspect ", Tel.: 89274775225.
Respondent: Khusnullin Rubbed Kamilievich, living at: 452600, RB, Oktyabrsky, St. Kyzyl-Mayak, D.1 a. Tel.: 89375000907.
Third parties:
1. Administration of G. Oktyabrsky RB,
Location: 452607, RB, Oktyabrsky, Ul.chapaeva, D.23.
2. Office of the Federal State Registration Service, Cadastre and Cartography on RB,
Postal address: 450077, RB, Ufa, ul. Lenina, D.70.
3. FGBU "Federal Cadastral Chamber of Rosreestra" in the face of the branch of the Federal Cadastral Council of the Republic of Belarus, Postal Address: 450071, RB, Ufa, UL.50 Years of the USSR, D.30 / 5, and 370.
4. MBU "Office of Architecture and Urban Planning" of Oktyabrsky RB, Address: 452607, RB, Oktyabrsky, St.chapayev, d.23.
5. The Committee on the Management of the Ministry of Land and Property Relations of the Republic of Belarus in the city of Oktyabsky,
Location: 452607, RB, Oktyabrsky, Str. Schapayev, d.13. Case number 2-23 / 2016
By the decision of the October Urban Court of the Republic of Belarus dated February 10, 2016, issued in case No. 21-23 / 2016, in meeting the claims Minnikhanovoy A.K. K Husnullin R.K. The elimination of violations of the owner's rights not related to the deprivation of possession is fully refused.
With the court decision of the plaintiff, Minnikhanova A.K. I do not agree, as it considers it illegal and unreasonable, the court incorrectly determined legally significant circumstances, the court was not based on the decision of the circumstances that are important for the proper resolution of the dispute, the court incorrectly applied the norms of material and procedural law, and therefore the court's decision is subject to cancellation with the issuance of a new decision on the satisfaction of the claims Minnikhanovoy A.K. in full.
By virtue of Part 1 of Art. 195 Code of Civil Procedure RF Court's decision should be legitimate and reasonable. The decision is legitimate when it is adopted with the exact compliance with the norms of procedural law and in full compliance with the norms of substantive law, which are subject to applied to this legal relationship, or is based on the use of the Agreement of the Law or the analogy of law. The decision is justified when having values \u200b\u200bfor the case facts were confirmed by the proofs studied by the court that meet the requirements of the law on their relativeness and admissibility, or circumstances that do not need to be proof, and even when it contains exhaustive conclusions of the court arising from the established facts. (P.P. 1, 2, 3 Resolutions of the Plenum of the Supreme Court of the Russian Federation dated December 19, 2003, No. 23 "On the Judicial Decision").
The basis for the cancellation of the court decision we consider the following.
The parties after the death of Father Husnullina Camille Sagitovich, the deceased on 29.05.2012, inherited in equal shares of 1/2 share of the land plot with cadastral number 02: 57: 030206: 21, with an area of \u200b\u200b2418 sq.m, and an individual residential building located on it , Cadastral number 02: 57: 030206: 43, with an area of \u200b\u200b62.2 sq. M., 1979, buildings located at the address: Oktyabrsky, ul. Kyzyl Mayak, D.1, which is confirmed by certificates of the right to inheritance by law from January 17, 2013, registry numbers 160 and 157.
In accordance with paragraph 4 of Art. 1152 The Civil Code of the Russian Federation adopted inheritance is recognized as belonging to the heir from the date of the opening of the inheritance, regardless of the time of its actual adoption, as well as regardless of the moment of state registration of the right of the heir to hereditary property, when such a law is subject to state registration.
By virtue of the provisions of Art. 247 of the Civil Code of the Russian Federation possession and use of property in equity ownership are carried out by agreement of all its participants, and if consent is in progress - in the manner established by the court.
Thus, based on the provisions above the provisions of the material right, the defendant, Husnullin R.K., did not have legal grounds for the construction of a residential building until the secession of the original land plot with cadastral number 02: 57: 030206: 21, with an area of \u200b\u200b2418 sq.m. Or imprisonment with the plaintiff with the relevant agreement on the construction of a residential building in a common land plot, in which the parties would establish the procedure and conditions for new construction.
In June 2013, the parties came to an agreement on the division of a common land and a residential building. So, on the basis of an agreement on the division of property in total ownership of 09.07.2013, the parties produced a section of the land plot with cadastral number 02: 57: 030206: 21.
In connection with the section of the land plot with cadastral number 02: 57: 030206: 21 two land plots were formed: with cadastral number 02: 57: 030206: 56, with an area of \u200b\u200b1211 sq. M., (Respondent plot), and cadastral number 02:57 : 030206: 57, with an area of \u200b\u200b1207 sq.m. (plot of plaintiff).
Information about the formed land plots was made to the State Real Estate Cadastre (GKN) 07/23/2013 (the date of the formation of new land plots) with the appropriation of these cadastral numbers above.
Cadastral works on the section of the land plot No. 02: 57: 030206: 21 were performed on the basis of the general application of the parties. As a result of the fulfillment of cadastral works by the cadastral engineer of Zakirova A.A, working in the LLC "Service of Cadastral Engineers" was prepared and sent to the state cadastral accounting body (branch of the Federal Cadastral Chamber of Commerce in the Federal State Unitary Enterprise.
As follows from the cadastral statement of the land plot dated July 31, 2015, for No. 02/15 / 1-605105 from the land plot with cadastral number 02: 57: 030206: 21 Formed two land plots with cadastral numbers 02: 57: 030206: 56 , with an area of \u200b\u200b1211 sq.m, and 02: 57: 030206: 57, with an area of \u200b\u200b1207 sq.m.
At the same time, the defendant sold its 1/2 share of a residential building, located at the address: Oktyabrsky, St. Kyzyl Lighthouse, D.1, received by her father's inheritance, which follows from the contract of sale dated 09.07.2013. Property for 1/2 share of a residential building from the defendant to the plaintiff registered to the USRP 07/23/2013, what the registration record for No. 02-04-14 / 020 / 2013-536 was submitted to the USRP on July 23, 2013.
After the section of the land plot, the defendant began the construction of a new residential building on its land plot with cadastral number 02: 57: 030206: 56, with an area of \u200b\u200b1211 sq. M. The postal address was assigned: Oktyabrsky, St. Kyzyl Lighthouse, D.1 A .
Construction work on the construction of a residential building by the defendant started in July 2013
In 2015, the defendant finished the construction of a box of a residential building, mounted the roof, put the windows. Then it was made on the state cadastral record of the residential building, having the following characteristics: Total area of \u200b\u200b135.9 sq. M, 2 floors, wall material: Wooden, building assigned cadastral number 02: 57: 030206: 64.
Further, the defendant 03/04/2015 registered in the simplified manner the right of ownership of the residential building in Rosreestre, about which registration of registration for №02-04 / 114-04 / 314/001 / 2015-2132 / 1 from 03/04/2015 G., which is confirmed by the certificate of state registration of the right of 03/04/2015
Due to the fact that Article 25.3 of the Federal Law of 21.07.1997 N 122-FZ "On State Registration of Rights to Immovable Property and Transactions with Him" \u200b\u200bhas been established simplified procedure for registering rights to individual objects of immovable property, which does not provide for the need for state registration The right to such an object of real estate a document confirming that the created property of real estate corresponds to urban planning and building standards and rules, the type of permitted use of the land plot, the defendant was able to register the ownership of a residential building, which is essentially a unauthorized construction.
The defendant elevated a residential building at the site at: Oktyabrsky, ul. Kyzyl Mayak, D.1 and with significant violations of urban planning and construction norms, as it attached his residential building to the residential house belonging to the right of ownership of Onts, Minnikhanova A.K. . The defendant was blocking houses without receiving the permission from the plaintiff, in addition, the part of the defendant residential house was built on the land plot of plaintiff, the laying area of \u200b\u200bthe residential building is 6.22 sq.m.
Significant violations of urban and building standards and rules when the defendant of a residential house is erected in the following.
First, the defendant scored residential buildings without receiving permits from the plaintiff, which is not permissible and grossly violates the rights of the plaintiff as the owner of a residential building, makes it impossible to maintain the building, its repair, reconstruction, etc. Closed one window in the residential room, now the view from the windows of the plaintiff right in the respondent room.
Secondly, as a result, the defendant broke the fire distances between residential buildings, which should be at least 6 meters. In addition, the defendant broke the distance from the windows of a residential building to the walls of a neighboring house located on an adjacent land plot, which should be at least 6 meters. The distance from the boundary of the land to the wall of the residential building on sanitary and living conditions and, depending on the degree of fire resistance, no less than 3 meters should be.
Thirdly, the defendant did not add to the administration of the city district Oktyabrsky city with a statement about issuing permission to build a residential building in accordance with Art. 51 Town Planning Code of the Russian Federation, and also did not receive permission to enter the object into operation in accordance with Art. 55 Town Planning Code of the Russian Federation. The fact that the defendant visited the MBU "Office of Architecture and Urban Planning" in 2014. The Oktyabrsky RB, where he consulted at the specialists of the institution about what he needs to prepare and submit documents to obtain a construction permit does not mean that he made attempts to get permission For the construction in the prescribed manner, since with the relevant statement, he did not addate, but only ordered a fee in the establishment of topographic filming of a land plot and a planning organization planning organization for the construction of a house in November-December 2014. Data schemes after their manufacture together with the wrong entrance Documents on the site are applied to the application for issuing a construction permit and are submitted to the authorized body. However, this was not done by the defendant, in connection with which it is impossible to consider the fact that the defendant took measures to obtain a construction permit. Without submitting an application, the administration cannot consider issuing a construction permit. The defendant could not prepare the necessary package of documents to contact the administration, since he could not get permission to block homes from the plaintiff and on this attempt to get a construction permit ended. That once again proves that the plaintiff has never gave the defendant of his permission to block houses or verbally, nor writing.
Fourth, part of the residential house of the defendant with an area of \u200b\u200b6.22 sq.m. Built on the land plot of the plaintiff, than the rights of the plaintiff as the owner of the land plot are violated. The plaintiff did not give the respondent permission to build a part of a residential building in his land plot. In violation of the law, the defendant erected a house on the land of the plaintiff, since he did not bother to double-check where the border of the dividing land.
First, land with cadastral number 02: 57: 030206: 21 was divided into two, i.e. It was established by the parties by mutual agreement the adjacent border between the sites and only then the fence was set (fence) and the construction of a residential building began. So it is not necessary to talk about any error. In this case, there is no cadastral, no technical error in the information of the GKN. There is no error allowed when performing cadastral works, when establishing the boundary of the separating sections. Internal work was carried out in full compliance with the application of the Parties. The survey was carried out in June 2013 in the current regulatory acts (law on the SCH). I draw the court's attention to the fact that first parties were determined in the presence of the cadastral engineer the border on the ground sharing the land plot for two, and then the defendant has already built a fence partitioning land of the parties and built his home. And as can be seen from the conclusion of a judicial comprehensive construction and technical expertise, which fully confirms the conclusions of the cadastral engineer LLC PKS made in the conclusion of the geodesic shooting of the boundaries of the land dated July 24, 2015, the fence was not installed on the sealed border of land, i.e. . Not on the line of cadastral division (according to the characteristic points of the coordinates of which are made to the GCN), and with the intercession to the territory of the land plot of the plaintiff, the overlay area was 15.65 sq.m. However, there is an overlap (seizure) and from the plaintiff to the area of \u200b\u200bthe defendant, the overlay area is 44.13 sq. M, i.e. There are mutual disturbances of land boundaries. And it became, the boundaries of the site must be restored, as they are proven to violate the defendant, it was he who set the fence.
According to paragraph 4 of Part 2 of Art. 60 of the RF RF, actions that violate the rights to land of citizens or creating a threat to their violations can be stopped, including by restoring the provision that existed before violation of the law, and the preventiveness of actions that violate the right or threatening its violation.
According to paragraphs 1, 3 of Art. 76 RF RF legal entities, citizens are obliged to compensate for the damage caused by the commission of land offenses. Giving land in suitable condition in their pollution, other types of damage, unauthorized lessons, demolition of buildings, structures in the unauthorized lesson of land or unauthorized construction, as well as the restoration of the destroyed inter-marks is carried out by legal entities and citizens guilty of these land offenses, or by their account.
By virtue of Art. 304 Civil Code of the Russian Federation The owner may require the elimination of any violations of his right, at least these violations and were not connected to the deprivation of possession.
In accordance with Articles 6, 11.1, 70 of the Land Code of the Russian Federation land plot is part of the earth's surface, the boundaries of which are determined in accordance with federal laws; The right of ownership, use and orders of the owner of the land plot is determined by the boundaries of this area.
To the number of unique characteristics of land plots as real estate objects P.P. 3, 6 h. 1 tbsp. 7 of the Federal Law of July 24, 2007 No. 221-FZ "On State Cadastre of Real Estate" refers the description of the location of the borders and the area.
According to Part 7 of Art. 38 of the Federal Law of 24.07.2007 N 221-FZ "On State Cadastre of Real Estate" The location of the land of the land plot is established by determining the coordinates of the characteristic points of such boundaries, that is, points of change in the description of the boundaries of the land plot and dividing them into parts.
In paragraph 45, 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 10, the Plenum of the Supreme Court of the Russian Federation No. 22 dated 04.29.2010 (Ed. Dated 06.23.2015) "On some issues arising in judicial practice in resolving disputes related to property rights and Other real rights, "it is indicated that the claim to eliminate violations of the right not related to the deprivation of ownership is subject to satisfaction, regardless of whether the respondent (inaction), which violates the right of the plaintiff or foreign real estate. When considering the claims on the elimination of violations of the right not related to the deprivation of possession by the defendant of the building, structure, structures, the court establishes the fact of compliance with urban planning and building standards and rules in the construction of an appropriate object. Failure, including insignificant, urban planning and construction norms and rules for construction, may be the basis for meeting the stated claim, if the right of ownership is violated or the rightful possession of the plaintiff.
I consider special attention necessary to draw on the existing judicial practice of the Supreme Court of the Russian Federation on disputes on the boundaries of the land plot.
In paragraph 2.9. "Disputes to determine the boundaries of land plots" review of judicial practice on issues arising from the consideration of cases related to horticultural, gardening and country non-profit associations, for 2010-2013, approved by the Presidium of the Supreme Court of the Russian Federation July 2, 2014, explained the following:
"The location of the boundary of the land plot located on the lands of the horticultural, vegetable or country of the non-commercial association is determined on the basis of the information contained in the document confirming the right to land plot, and in the absence of such a document - from the information contained in the documents determining the location of the land boundaries of the land With his formation.
Study has shown that a significant number of disputes between members of the horticultural, garden or country of non-commercial associations to establish land boundaries is caused by the fact that in most part land plots were provided with gardeners without working on intertime and cadastral accounting. Many land plots are not put on cadastral records or put on cadastral records declaratively when their borders are not defined in accordance with the requirements of land legislation.
Consideration of these disputes is related to the resolution of the issue of belonging to the disputed part of the sector of the plaintiff or the respondent, which is impossible without accurately determining the boundaries.
In the event that the exact boundaries of the land plot are not established according to the results of cadastral works (information on its coordinates is absent in the state real estate cadastre (hereinafter referred to as the GKN), and therefore establishing their location on the ground is possible, the court from the plaintiff exquires evidence of that the controversial part is part of the site belonging to him, and the defendant creates obstacles in its use with his actions. The location of the disputed boundary of the site is carried out by the court by comparing the actual area with the title documents (primary land-based documents) with the help of existing natural or artificial documents. Landmarks (perennial plantings, residential buildings, household and household buildings, pipelines, etc.), provided that they are fixed in the obpendies of the organic inventory organs, topographical surveys or other documents reflecting the previously existing actual g Ranitsa.
In a situation where the area of \u200b\u200bthe land plot of the plaintiff, taking into account the actual boundaries, more or less the area indicated in the right-point document, the Court checks, due to the land, this difference was formed, was made by any of the parties or the previous owners of the sections of the disputed border, was carried out The plaintiff or the defendant an additional clue to his land plot and whether this narration attitude towards that part of the site, about which the dispute is stated, as well as how long, the parties are used by areas in the existing borders.
At the same time, it should be noted that it is the right court approach, in accordance with which the exact compliance of the actual area of \u200b\u200bthe respondent plot issued by the right-point documents is not considered by the courts as a sufficient basis for refusing a lawsuit, since it may be associated with the voluntary refusal of the defendant from the part of its The site on the other side with the simultaneous capture of the part of the plaintiff. The same circumstances are checked by the court and with respect to the actions of the plaintiff itself.
Example. K. appealed to the court to J. On the restoration of the border between land plots and transfer of buildings.
In accordance with paragraph 1 of Article 209 of the Civil Code of the Russian Federation, the owner belongs to the rights of ownership, use and disposal by its property.
By virtue of Article 304 of the Civil Code of the Russian Federation, the owner may require eliminating any violations of his right, at least these violations and were not connected to the deprivation of possession.
The violated right to the land plot is subject to recovery, including in the case of unauthorized land plot (subparagraph 2 of paragraph 1 of Article 60 of the RF RF).
In accordance with Articles 38, 39 of the Federal Law of July 24, 2007 No. 221-FZ "On the State Real Estate Cadastre", the coordination of the location of the borders of the disputed land plot with the copyright holders of the adjacent land plot is mandatory.
Allowing a dispute, the court proceeded correctly from the fact that the location of the land plot is determined on the basis of information contained in the document confirming the right to land plot, and in the absence of such a document - from the information contained in the documents determining the location of the land boundaries in its formation .
When resolving the dispute, the court found that K. on the right of ownership belongs to the land plot No. 5, located in SNT "YU", and Ya. Own land plots No. 3 and 4 in the same partnership. Land portions of the parties are adjacent.
Also, the court established that the built by Ya. The fence, as well as a part of the basin 2.26 m wide and a length of 7.8 m are located on the territory of the site No. 5 belonging to the right of ownership of the plaintiff.
Under such circumstances, since the arguments of the plaintiff about the defendant by the defendant part of his land plot found their confirmation during the trial, the court reasonably satisfied the declared K. Requirements in terms of establishing a fleet and transfer of controversial buildings to the land plot of the defendant.
The summary of judicial practice has shown that if the boundaries of the site of the plaintiff or the defendant are defined in the GCN on the results of the intertarization (cadastral works) and the requirements for the recognition of these works are not not valid, the courts in resolving the dispute were guided by the specified borders. The proof of violation of the rights of the claimant in this case is the incomprehensibility of the actual boundaries of its land plot with the boundaries established in the GCN on the results of cadastral works.
In such cases, the courts regardless of the duration of the existence of the actual boundaries make decisions about their concerning compliance with the results of cadastral works.
It should also be recognized as the correct position of the courts, according to which the arguments of the parties on disagreement with the results of the interviewing in the absence of properly stated claims for recognition of their invalid into account, cannot be taken.
Thus, when considering disputes on the boundaries of the plots, the claimant has a subjective right to land plot (ownership, permanent (perpetual) use, lifelong inherited ownership, land lease); the presence of obstacles to the implementation of the right of use and possession of the site (what is the violation or the threat of violation of the right); The fact of the unlawful creation of precisely the defendant obstacles to the execution of the plaintiff to the right of use and (or) by the management of the land plot and other circumstances. "
From the above it follows that the court should not have deny the plaintiff in satisfying the claims in the restoration of the borders of the land plot, since the defendant was made on the recognition of the land survey invalidation in part of the establishment of borders and the court area did not prevent other permissible evidence that the fence separating Related land is installed correctly the most famous, the court did not introduce.
Next, I give references to building standards and rules (ruled times), which must be respected in the construction of an individual residential building and who were violated by the defendant.
By virtue of paragraph 2.2.6.6 of the Republican standards of urban designation "Urban planning. Planning and building of urban districts, urban and rural settlements of the Republic of Bashkortostan" Approved by the Decree of the Government of the Republic of Belarus dated December 18, 2014 N604 allowed blocking of residential buildings, as well as household buildings on adjacent subsidence Land plots by mutual agreement of homeowners with new construction, taking into account fire requirements.
Similar requirements were kept in clause 2.2.48. Republican standards of urban design "Urban planning. Planning and development of urban districts, urban and rural settlements of the Republic of Bashkortostan" Approved by Decree of the Government of the Republic of Belarus dated 13.05.2008 N153 (with change of 17.07.2013).
Until the border of the neighboring junction of the distance on sanitary and living conditions and, depending on the degree of fire resistance, should be at least: from a manor, one-, two-quartered and blocked house - 3 meters.
In the territories with the development of manor, one-, two-quarters of the fire building from the windows of residential rooms to the walls of the neighboring house and household buildings (barn, parking lots) located in the neighboring land, it is allowed to reduce up to 6 meters, provided that the walls of the buildings, Turning to each other do not have window openings, made of non-combustible materials or subjected to flax, and roofing and eaves are made of non-combustible materials.
On the border with the neighboring land plot is allowed to establish fences that must be mesh or lattice in order to minimal shading the territory of the neighboring area and no more than 2.0 meters high.
By virtue of paragraph 8.3.2 of the Republican standards of urban planning design, the classification of buildings in the degrees of fire resistance, classes of constructive and fire hazard when establishing fire-prevention distances between buildings should be taken in accordance with the requirements of the Federal Law "Technical Regulations on Fire Safety Requirements" and fire standards.
By virtue of paragraph 8.3.3 of the Republican standards of urban-planning design, fireproof distances between residential, public and administrative buildings, buildings, structures and buildings of industrial organizations depending on the degree of fire resistance and the class of their constructive fire hazard should be taken in Table 114 and in Table 115. ( from 6 meters to 15 meters).
In paragraph 2.12 * SNiP 2.07.01-89 *. "Urban planning. Layout and development of urban and rural settlements "(appliance. Resolution of the USSR State Building of 05/16/1989 N 78) (Ed. Of August 25, 1999) indicates that the distance between residential buildings should be made on the basis of insolation and illumination calculations in accordance with the standards of insolation, given in clause 9.19 of these standards, the lighting standards shown in SNIP II-4-79, as well as in accordance with fire-fighting requirements given in the obligatory application 1.
In the autonomous development areas, the distance from the windows of the residential premises (rooms, kitchens and veranda) to the walls of the house and household buildings (shed, garage, baths) located in neighboring land plots, according to sanitary and living conditions should not be at least 6 m; And the distance to the shed for livestock and birds - in accordance with paragraph 2.19 * of these standards. Economic buildings should be placed from the boundaries of the site at a distance of at least 1 m.
In paragraph 2, SNiP 2.07.01-89 * it is stated that it is allowed to block the economic buildings on adjacent household plots by mutual agreement of the homeowners, taking into account the requirements given in the obligatory application 1. (Firefire).
In accordance with paragraph 7.1, SNiP 2.07.01-89 and paragraph 5.3.4 of the SP 30-102-99 in the areas of the manor and gardening, the distance from the boundary of the site should be at least a meter; Before the wall of a residential building - 3 meters.
According to the requirements of the SP of the SP 4.13130.2013, "fire protection systems. Restriction of the dissemination of a fire on protection facilities. Requirements for volume and planning and constructive solutions" Approved by the EMERCOM of Russia's EMERCOM of 24.04.2013 No. 288 (ed. From 07/14/2013, introduced In action from July 29, 2013) Fire breaks between buildings located on land should be at least six meters.
According to clause 5.3.8. "SP 30-102-99. Planning and development of the territories of low-rise housing construction" In the territories with buildings of manor houses, one-two-quartered houses from the windows of residential rooms to the walls of the neighboring house and household buildings (shed, garage, baths) located on neighboring land plots must be at least 6 m.
According to clause 5.3.4. SP 30-102-99 to the border of the neighboring junior area of \u200b\u200bthe distance in sanitary and living conditions should be not less: from a manor, one-two-quartered and blocked house - 3 m, taking into account the requirements of clause 4.1.5 of this Code of Rules; From the construction for the content of livestock and poultry - 4 m; from other buildings (baths, garages, etc.) - 1 m; from the trunks of tall trees - 4 m; average - 2 m; From shrub - 1 m.
In accordance with paragraph 2 of Art. 42 of the Federal Law of December 30, 2009 N 384-FZ (ed. Dated 07/02/2013) "Technical Regulations on the Safety of Buildings and Facilities" Construction Rules and Rules, approved before the Day of Entry into force of the Technical Regulations on the Safety of Buildings and Facilities are recognized by crop rules. At the same time, the Ministry of Regional Development of the Russian Federation in the letter dated 15.08.2011 N 18529-08 / IP-OG-OG explained that, for the purposes of the transition period, the updated rules vaults do not cancel the actions of previous rules. Their replacement will be made by making appropriate changes to the above-mentioned lists. Thus, the mandatory uses are subject to those rules that are included in the list approved by the Government of the Russian Federation.
According to paragraph 1, 4 of Art. 6 of the Federal Law of December 30, 2009 N 384-FZ "Technical Regulations on the Safety of Buildings and Facilities" The Government of the Russian Federation approves a list of national standards and arrangements of the rules (parts of such standards and arrets of rules), as a result of the use of which compliance with compliance with Requirements of this Federal Law. National Standards and Vaults of Rules included in paragraph 1 of this article list are mandatory for use, except in cases of design and construction in accordance with special specifications.
The list of mandatory national standards and arrangements of the rules (their parts) approved by the order of the Government of the Russian Federation of 21.06.2010 N 1047-p. "On the list of national standards and rules (parts of such standards and drafts of rules), as a result of the application of which the requirements of the Federal Law" Technical Regulations on the Safety of buildings and structures "are compliance with the requirements of the Federal Law" according to which in accordance with Part 3 of Article 42 of the Federal Law "Technical Regulations on the Safety of Buildings and Structures" approved a list of national standards and arrangements of rules (parts of such standards and arrets of rules), as a result of the use of which the requirements of the Federal Law "Technical Regulations on the Safety of Buildings and Structures" are compliance with the requirements of the Federal Law. The sets of rules (SNIVA), which were subject to mandatory applications by the defendant.
Next, we give the norms of substantive rights to be in our opinion, when resolving this dispute:
In accordance with Art. 40 Land Code of the Russian Federation The owner of the land plot has the right to build residential, industrial, cultural and other buildings, structures, structures in accordance with the targeted purpose of the land plot and its authorized use in compliance with the requirements of urban planning regulations, construction, environmental, sanitary and hygienic, fire-fighting and other rules, standards.
According to Art. 42 ZK RF, owners of land plots and persons who are not owners of land plots are obliged to comply with the requirements of urban planning regulations, construction, environmental, sanitary and hygienic, firefire and other rules, regulations.
By virtue of Art. 2 Town Planning Code of the Russian Federation Construction should be carried out on the basis of territorial planning documents, land use rules and development and documentation for the planning of the territory.
In accordance with Art. 65 of the Federal Law of July 22, 2008 N 123-FZ "Technical Regulations on Fire Safety Requirements" Planning and development of the territories of settlements and urban districts should be carried out in accordance with the general plans of settlements and urban districts, taking into account the requirements of fire safety established by this Federal Law .
According to paragraph 1 of Art. 263 Civil Code of the Russian Federation The owner of the land plot can erect buildings and structures on it, to carry out their restructuring or demolition, to allow construction on its site to other persons. These rights are carried out, subject to the observance of urban planning and construction norms and rules, as well as requirements for the targeted land plot (paragraph 2 of Article 260 of the Civil Code of the Russian Federation).
By virtue of paragraph 2 of Art. 263 of the Civil Code of the Russian Federation the consequences of the unauthorized construction produced by the owner on the land belonging to it are determined by Article 222 of the Civil Code of the Russian Federation.
By virtue of Art. 222 of the Civil Code of the Russian Federation (as amended at the time of filing the claim, i.e. on 14.08.2015)
1. Unauthorized construction is a residential building, another building, construction or other real estate, created on a land plot, not allocated for these purposes in the manner prescribed by law and other legal acts, or created without obtaining necessary permits or with a significant violation of urban planning and construction standards and rules.
2. The person who has fulfilled the unauthorized construction does not acquire the right of ownership. It is not entitled to dispose of the construction - to sell, give, take rent, perform other transactions.
Unauthorized construction is subject to demolition by her face or at its expense, except for the cases provided for in paragraph 3 of this article.
3. Paragraph has lost its strength from September 1, 2006. - Federal Law of 30.06.2006 N 93-FZ.
The ownership of the unauthorized construction can be recognized by the court, and in the procedure envisaged by law, the procedure for the person, owned by the legacy of the inheritance, permanent (indefinite) of which the land plot is located, where the construction is carried out. In this case, the person for which the ownership of the construction is recognized, reimburses the costs of building in the amount determined by the court.
The ownership of the unauthorized construction cannot be recognized as the specified person, if the preservation of the construction violates the rights and protected interests of others or creates a threat to the life and health of citizens.
(as amended by Federal Law of 30.06.2006 N 93-FZ).
The court mistakenly applied Article 222 of the Civil Code of the Russian Federation in the editorial office of the Federal Law of July 13, 2015 N 258-FZ "On Amendments to Article 222 of Parts of the First Civil Code of the Russian Federation and the Federal Law" On the introduction of part of the First Civil Code of the Russian Federation ", since By virtue of Art. 3 of this law, it enters into force on September 1, 2015.
The building is recognized as unauthorized, if it is established that it has at least one sign of such a construction. The criteria of dullness buildings are listed in paragraph 1 of Art. 222 of the Civil Code of the Russian Federation. To recognize the construction of unauthorized enough of one of the following conditions: 1) the rules of the land bore for construction are violated; 2) there are no necessary permissions; 3) Urban-planning and building rates and rules are essential. The defendant broke two points from three, namely 2 and 3.
Federal Law of July 13, 2015 N 258-FZ signs of unauthorized construction are set forth in the new edition. In accordance with this edition, the building is also built on the land plot, the allowed use of which does not allow the construction of this facility on it. In addition, for the qualifications of the construction as unauthorized enough, the presence of a violation of urban planning and building standards and rules. Proving materiality of such a violation is not required.
Actions on the construction of unauthorized buildings are guilty, if it is established that the construction corresponds to at least one condition for recognizing it by unauthorized one.
As follows from the "review of judicial practice on cases associated with unauthorized construction" (approved by the Presidium of the Supreme Court of the Russian Federation 03/19/2014) the imposition of the duties for the demolition of the unauthorized construction is a sanction for the perfect offense in the form of unauthorized construction, and therefore the imposition of such The burden on its face or at his expense is possible if the builder's guilt is.
The judicial board on civil cases of the Supreme Court of the Russian Federation indicated that in the meaning of Art. 222 of the Civil Code of the Russian Federation, the sanction contained in it can be applied if the fault of the person in the implementation of unauthorized buildings is proved. The implementation of the unauthorized construction is the guilty action, proof of which is the establishment of at least one of the conditions listed in paragraph 1 of Art. 222 of the Civil Code of the Russian Federation. The need to establish the fault of the developer is confirmed by the provision of paragraph 3 of Art. 76 of the Land Code of the Russian Federation, according to which demolition of buildings, buildings, structures in the unauthorized occupation of land plots or unauthorized construction are carried out by persons guilty of these land offenses, or by their account.
One of the legally significant circumstances in the case of recognition of the ownership of the unauthorized building is to establish the circumstance that the preservation of a disputed building does not violate the rights and the interests protected by law of other persons, in particular the rights of adjacent land users, the rules of development established in the municipal formation, etc. d.
To bring the object of individual housing construction on a land plot intended for individual housing construction, the permission of the authorized bodies of the municipality for the construction of such an object and to commission it, in the absence of such documents, it can be recognized as a unauthorized construction. (Resolution of the Presidium of the Wheel of the Russian Federation of March 15, 2012 No. 15285/11 in case N A 50-24422 / 2010).
In accordance with part 2 of Article 51 of the Urban Planning Code of the Russian Federation (as amended by the court) Construction, reconstruction of capital construction objects, as well as their overhaul, if, with its implementation, constructive and other characteristics of reliability and safety of such objects are affected, carried out on the basis of building permit. Building permission is a document confirming the compliance of the project documentation with the requirements of the urban planning plan of the land plot and the developer has the right to carry out construction, the reconstruction of capital construction facilities, as well as their overhaul, except in the cases provided for in this article.
The position of the Armed Forces of the Russian Federation: a significant and unreasonable violation of urban planning and construction norms and rules is the basis for meeting the claim for the demolition of unauthorized buildings.
Review of judicial practice on cases related to unauthorized construction (approved by the Presidium of the Supreme Court of the Russian Federation 03/19/2014).
Violations of urban-planning and building standards and rules allowed in the construction of unauthorized buildings are the basis for refusing to satisfy the claim to recognize the right of ownership of such a building, if violations are essential and non-resistant. Essential include, for example, non-resistant disorders that can entail the destruction of the construction, causing harm to life, human health, damage or destroying the property of other persons.
Position of the Russian Federation: ownership of the unauthorized construction does not arise, even if it was registered.
RESOLUTION OF THE PRESIDIUM OF THE RF OF THE RF OF 06/15/2010 N 2404/10 in case N A 40-54201 / 08-53-485
The construction of an object, which is unauthorized construction, does not entail the acquisition of ownership of this object, regardless of whether the state registration of law is made or not.
In paragraph 23 of the Decisions of the Plenum of the Supreme Court of the Russian Federation N 10, the Plenum of the Russian Federation N 22 of 04/29/2010 (Ed. Dated 06.23.2015) "On some issues arising in judicial practice in resolving disputes related to the protection of property rights and other things Rights "The following is indicated: in the case when immovable property, the right to which is registered, has signs of unauthorized construction, the presence of such registration does not exclude the possibility of presenting the requirement for its demolition. In the motivation part of the decision of the Court to satisfy such a claim, the grounds for which the court recognized the property by unauthorized construction.
The decision of the Court to satisfy the claim for the demolition of the unauthorized construction in this case is the basis for making an entry in the USRP on the termination of the ownership of the defendant for a unauthorized building.
The position of the Armed Forces of the Russian Federation: a violation of urban planning standards and rules creates a threat to the life and health of an indefinite circle of persons, even if the adjacent land users gave notarized consent to build an object with such a violation.
Determination of the Supreme Court of the Russian Federation of 17.02.2015 N 18-kg 14-200 (judicial board on civil cases).
Refusing to satisfy the claims for the demolition of unauthorized construction, the court, in particular, proceeded from the fact that adjacent land users gave the defendant notarized consent to the construction of a residential building without complying with minimal indents from the borders of their land plots, so their rights and legitimate interests are not such construction violated.
However, this conclusion is not correct, since the indicated consent does not exempt the defendant (developer) on compliance with the requirements that are presented to the built structure in urban planning standards and the rules and the violation of which already creates the threat of life and the health of an indefinite circle of persons.
The position of the Armed Forces of the Russian Federation: the construction of unauthorized construction without the necessary permits in itself is not a reason to meet the claim for its demolition.
Determination of the Supreme Court of the Russian Federation dated December 29, 2009 N 18-in 09-93
In the meaning of Art. 222 of the Civil Code of the Russian Federation, the construction of unauthorized buildings without the necessary permits in itself is not a reason for meeting the lawsuit of this construction. When considering a dispute about the demolition of unauthorized construction, it is necessary to establish:
- whether a person who has created a person who has created a person to obtain a construction permit;
- whether the refusal of the authorized body is legitimate in the issuance of such permission;
- Does not violate the construction of urban rules and rules, rights and law protected interests of other persons, does not create a threat to life and health of citizens.
Position of the Russian Federation: The bombardment of the land plot is entitled to demand demolition erected by another compound of unauthorized construction, if it violates the procedure for using the general plot, the rights and interests of the plaintiff or threatens the life and health of citizens.
Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 05/18/2011 N 15025/10 in case No. A 28-10550 / 2009-313 / 22
One of the residents of the land plot is entitled to demand the demolition of the unauthorized construction, erected on this site by another co-owner if its construction violates not only the established procedure for using the general land plot, but also the rights and legitimate interests of another co-owner, or creates a threat to life and health of citizens.
The conclusion of the court that the defendant began the construction of a residential building in March in the month of 2013, based only on the arguments of the defendant itself and the testimony of his wife Savelieva V.V., which is an interested person, by virtue of the law half of the property, including built during the marriage The residential building is a joint property of spouses, so its testimony should be critically referred to. I also believe that it was followed, in this case, to participate in the case as a third party, which does not declare independent claims regarding the subject of the dispute on the side of the defendant, since its rights are affected by this decision.
The conclusion of the court on the fact that at the time of the beginning of the construction of a residential building on the street Lighthouse, D.1 Khusnullin R.K. Shares in the inherited property after the death of Father Husnullin K.Z. - a residential building on the street Lighthouse, D.1 in kind, no evidence was not yet identified and there was no evidence that the defendant began to build a new residential building close to 1/2 of the inherited homeowner owned by Minnikhanovoy A.K. Go to the incision with the provisions of Art. 247 of the Civil Code of the Russian Federation, according to which the ownership and use of property in equity property is carried out by agreement of all its participants.
The court argument that the plaintiff for a long time from 2013 to 2015 into competent authorities, including the court, did not appeal with the complaints, as a citizen by virtue of the provisions of Art. 9 of the Civil Code of the Russian Federation and Art. The 11 Code of Civil Procedure of the Russian Federation himself decides when to seek the protection of his violated rights. Moreover, the plaintiff took measures to resolve the dispute in the pre-trial procedure, turned to the defendant, but this result did not have.
The conclusion of the court, made on the fact that the lighting of the opening (and this is a window in the residential room) during the lifetime of the previous owner of the Minnikhanov K.Z. It was forced to be furnished and was not used for destination, it is not confirmed by any evidence in any case. Explanations about this is the plaintiff and its representative did not give. Legal value does not have this circumstance, since the owner itself decides how to use his property.
I want special attention to the judicial board for the conclusion of a judicial expert for №147 dated 25.12.2015, prepared according to the results of construction and technical expertise, namely, the findings of the expert on question number 3 - "are the actual boundaries of land plots located at the address: RB , Oktyabrsky, ul. Kyzyl Mayak, D.1 and at the address: RB, Oktyabrsky, St. Kyzyl Lighthouse, D.1 and the State Cadastre of Real Estate? In case of no compliance with the specified actual boundaries, specify the area of \u200b\u200boverlay. "
An expert Kameaeva A.K., indicates that the defendant of the land plot of the plastics was not identified by the defendant by the defendant. Moreover, the expert concludes that the reign of the plaintiff's site into the territory of the respondent site is in the aggregate of 28.48 sq.m. This conclusion is not true and not justified by the expert, i.e. is unfounded. We believe that the expert incorrectly interpreted the conclusion on the geodesic shooting of the boundaries of controversial sites by the engineer-geodesist LLC "Service of Cadastral Engineers" Agadullin I.I. So, in conclusion, according to the geodesic shooting of the borders of the controversial sites, it is indicated: "As a result of the work carried out, the inconsistency of the actual boundaries of the State Cadastre of Real Estate was revealed. So, the actual border of the zoom located at the address: RB, Oktyabrsky, ul. Kyzyl Mayak, D.1 is superimposed on the cadastral division of the memory at: RB, Oktyabrsky, St. Kyzyl Lighthouse, D.1 and in the cumulative area of \u200b\u200bimposition in the amount of 44.13 sq.m. ... on the contrary, the actual border of the zoom located at the address: RB, Oktyabrsky, ul. Kyzyl Mayak, D.1 A superimposed on the cadastral division of the memory at: RB, Oktyabrsky, St. Kyzyl Lighthouse, D.1 in the cumulative area overlays of 15.65 sq.m. ... ". It turns out that the expert makes interchanges, deducted from 44.13 sq.m. Area 15.65 sq.m. and gets its 28.48 sq.m. This approach is not correct and is not based on the norms of financial law. Objectively, instrumental research, geodesist engineer Agadulin I.I. Set the inconsistency of the actual boundaries of land plots in accordance with the information contained in the GCN and outlined in detail in its conclusion. They have established a mutual disturbance of boundaries in relation to both parties. The expert did not have grounds for such an office standing. The adjacent border between the plots is established according to the results of cadastral works in June 2013 (the integral plan is available in the case file). It was revealed that the fence was not installed on the border taken into the GCN, which means the violation of the boundaries is confirmed, the boundaries of the plots must be restored, otherwise it is infringement of the owner's rights. In this connection, the findings of the expert Kamaeva A.K. 3 questions are unreasonable and illegal.
At the same time, an engineer-geodesist coordinates of a disputed residential building did not define, i.e. I did not find out the location of the house relative to the adjacent border (actual and taken into account) between the plots. However, from the regimen of the land plot prepared by the engineer (annex to the conclusion), it is clearly seen that the defendant's house is partially located on the land plot of the plaintiff, the overlay area is 6.22 sq.m.
Based on the above, in accordance with Art. 320, 322, 328, 330 Code of Civil Procedure of the Russian Federation,
Cancel Decision of the October Urban Court of the Republic of Belarus dated February 10, 2016 in civil case No. 2-23 / 2016, in accordance with Minnikhanova A.K. K Husnullin R.K. On elimination of violations of the rights of the owner who are not related to the deprivation of possession and adopt a new decision to satisfy the claims of Minnikhanovoy A.K. in full.
Attorney-in-fact.
10.1. And what is the question?
Your representative declared a claim that initially could not give you the desired result. I dare to assume that the decision will be left unchanged.
Look for a lawyer who understands such disputes.
Have you helped the answer? Well no
11. I can not resolve the issue not with the management company, not with the state .. lived. inspection - on heat losers because of the penetration of cold air through the ceiling overlaps, through the apartment email meter (they say in the apartment, close up for yourself, but the deoders do not come from the room, but from the street and again somewhere through overlaps, intake of cold air and extraneous smells through the ventilation shaft in the bathroom (for which I was advised to equip hole with closing blinds, i.e, when you are afraid to open, and when the smells come to close, by the output of the fan riser, which goes into the attic room, and not beyond the roof, as it should be on SNiP (the management company proposed to make a estimate and bring it at the expense of tenants, since the cap. The roof repair was produced in 2008 for a violation, which was made earlier, which did not remove the fanner, as it should be according to the rules, they Responsibility are not carried, since at that time there was another management company, and who should have controlled repair no longer known. State lived. The inspection makes the conclusion that the attic room is in a satisfactory condition, and gives recommendations to make me how the owner hired an independent examination, the question if I hire at my own expert account, why these structures are the management company, state. lived. Inspection, which simply do not want to see violations and problems listed above.
11.1. Apparently, you have only one way out - to handle these requirements in court. Then, if you can prove that the violations are available and eliminate them is obliged to the management company from responsibility, it will not leave and expert costs will be commemmed as court costs.
Have you helped the answer? Well no
12. Delivered under the GPC Treaty in the construction company. I was determined in a brigade of 3 people, I ask how to consider work? My brigadier answered work will be considered in the hostel, that is, in the overall act of acceptance at the brigade. Under the conditions of the brigade, and the director's jage worked from 8 am to 22. Dinner was fed, who works until 22 for a taxi money was given. Work yourself Yes, there are conditions! But according to Ryadprichnich, I decided to leave the inventory, they said for money after the New Year holidays call. I call on January 10, she answers them yet
I also thought nothing has passed another process goes backwards. I call back in a week. She meets the type of my volumes. There is no count I have nothing to think and everything is thrown here, I am dialing again she drops to communicate does not want to be categorically! I'm going to the deputy director He is in the contract ille saying where the act of delivery acceptance I bring the act does not accept volumes not spelled out to the master skip the volume to measure it and we reworked here all your work What did you do you did it not qualitatively and the whole brigade I confirmed that your job is poor quality and this is despite what I did this work with them and how to be here if my brigade just decided to throw!? I did not notice that my work is not quality immediately after dismissal, without my participation, all the problems decided, I didn't even know anything about the quality of work in their opinion about these alterations (if they were still!) And now I stay completely without any payment! I decided to sue, but with what requirements will turn better? Or is the contract to retrain? What the same way should be?
And the treaty I signed says
The Contractor undertakes to fulfill the customer using the customer's materials, and the Customer undertakes to accept and pay for the following work. Customer and draft finishing works, utility work at the Customer's facilities 1.2 for the purposes of the following Treaty, the Contractor has the right to attract its brigade, work costs (price) The works performed by the Contractor under this Agreement are paid on the agreed rates of the LLC LEADER LLC in accordance with the act of acceptance of the work performed 2.2, the Contractor independently produces all the necessary tax payments to the budget provided for by Russian legislation
Payment terms
3.1 Payment by the Contractor rendered by the Contractor is made by the Customer on the basis of the acts signed by the Parties of the acceptance of work performed.
Contract time
4.1 This Agreement comes into force from the date of signing and is valid until the completion of finishing works at the Object "Perinatal Center for 150 Coutes"
Duties of the parties
5.1 The Contractor must:
51.2. To hand over the work performed by the Customer in a state corresponding to the norms of the services acting at the time of the work of the guests and SNIPs (other regulatory documents) according to the terms of this Agreement.
5.2 Customer must:
5.2.1. Upon completion of the work specified in paragraph 1.1 of this Agreement, to accept the work performed by the Contractor within 3 days with their adequate quality and compliance.
5.2.2. Pay performed by the performer work in size and deadlines established by this Agreement.
Procedure for accepting work acceptance
6.1 The Contractor in accordance with the requirements of this Agreement transmits the Customer the result of the work by drawing up a two third-party acceptance act of the work performed, which is signed by both parties.
6.2. In case of inconsistency of the results of the work, the terms of the contract, the Contractor is obliged to produce the necessary corrections without additional payment within the contract price within three days.
6.3. In case of early execution, the Customer's performer undertakes to take the result of the work in the manner prescribed by this section of the contract and make it a payment.
7. Responsibility of Party
8.Grancenya
9.Poodle resolution disputes
9.1. All parties or disagreements arising between the parties under this Agreement or in connection with it are permitted through negotiations and in accordance with applicable law.
10.The condition
10.2. The contract can be terminated by the decision of any of the parties a warning at least 10 days.
12.1. Settled under the GPC Treaty in the construction company. I was determined in a brigade of 3 people, I ask how to consider work? I will answer a brigadier to me in a publication, even in a general act of acceptance at the brigade. Under the premiums of the brigade, and the detector's drift worked from 8 am to 22. Dinner was fed, who works until 22 money was given money. Work yourself Yes, there are conditions! But according to Ryadprichnaya, I decided to leave the inventory, they said for the days after the New Year holidays call. I call on January 10, she answers them yet
I also thought nothing has passed another process goes backwards. I call back in a week she meets the type of my volumes. There is no count I have nothing to consider and everything is thrown here, I type again, it drops to communicate with the bad thing categorically! I go to the deputy director He is in the contract Self where the act of passing acceptance I bring the act that the volume is not spelled out. I will miss the volume to measure it to measure it and we reworked here all your work What did you make you made her no qualitatively all the brigade confirmed that Your job is poor quality and desire that I did this work with them and how to be here if my brigade just decided to throw!? I did not notice that my work is not quality immediately after dismissal, without my participation, all the problems decided, I didn't even know anything about the quality of work in their opinion about these alterations (if they were still!) And now I stay completely without any payment! I decided to sue the court, I would better turn on again? Or is the contract to retrain? Caque the same output should be?
And the treaty I signed says
The Contractor undertakes to fulfill the customer using the customer's materials, and the Customer undertakes to accept and pay the following works of finishing and rough finishing works, utility work at the Customer's facilities 1.2 for the purposes of the following contract, the Contractor has the right to attract his brigade, work costs (price) of works Works performed by the Contractor under this Agreement are paid on the consentary compounds of LLC LEADER LLC in accordance with the act of acceptance of the work performed 2.2, the Contractor independently produces all the necessary tax payments to the budget provided for by Roshy-legislation
2.3 The approved cost of work is final and no change.
Payment terms
3.1 Payment by the Contractor provided by the Contractor is made by the Customer on founding the act signed by the Parties of the acceptance of work performed.
3.2 Payment of services provided by the Contractor is made by cash or transfer to the personal account of the Contractor.
Contract time
4.1 This Agreement comes into force from the moment of signing and is valid until the finishing work is completed at the Object Center for 150 Coupes.
Duties of the parties
5.1 The Contractor must:
5.1.1. Perform the works provided for in paragraph 1.1 of this Agreement.
51.2. To hand over the work done by the Customer in the SUPERTY, corresponding to the standards of the services acting at the time of the work of the guests and SNIPs (other regulatory documents) under the terms of this Agreement.
5.2 Customer must:
5.2.1. Upon completion of the work specified in clause 1.1 of this Agreement, to adopt performed by the Contractor for 3 days with their adequate quality and compliance.
5.2.2. Pay for the work performed by the Contractor in size and deadlines established by this Agreement.
Procedure for accepting work acceptance
6.1 The performer in accordance with the requirements of the NGSHATING Treaty conveys the customer the result of the work by drawing up a two third-party acceptance certificate of the work performed, which is signed by both parties.
6.2. In case of inconsistency of the results of the work, the terms of the contract, the Contractor is obliged to produce the necessary corrections without additional payment invested in the contract price within three days.
6.3. In case of early execution, the Customer's executives undertakes to take the result of the work in the manner prescribed by this section of the contract and make it a payment.
7. Responsibility of Party
7.1. The violation of the Terms of this Agreement, the parties are responsible in accordance with the current legislation.
7.2. In the case of improper performance of work, the Contractor will freely eliminate the shortcomings at a certain period of the customer, at its own expense.
8.Grancenya
8.1 The warranty period of the work performed is set by a duration of 12 months from the date of acceptance of the work performed.
9.Poodle resolution disputes
9.1. The sovmes of the parties or disagreements arising between the parties under this Agreement or in connection with it are permitted by the people of negotiations and intercommunication with the current legislation.
10.The condition
10.1 Responsibility for safety equipment when performing work is assigned to the Contractor. The Customer has the right to verify the observance by the Contractor of the Safety and Occupational Safety Rules, make orders and impose penalties for their non-compliance.
10.2. The contract can be terminated by solving any of the parties to make it at least 10 days.
10.3 This Agreement is compiled in Russian, signed in two copies, one for each of the parties, both copies are equally legal.
Hello. The statement of claim for the recovery of funds under the contract.
Have you helped the answer? Well no
13. Help edit the petition to court.
April 12, 2017, I moved to my car ... and was stopped by an inspector ... The inspector was a protocol # ... according to which I was initiated by the APN in the composition of the Code of Administrative Code of the Russian Federation.
I think that the inspector ... It became incorrectly qualified for violation of paragraph 8.6 of traffic rules. This item is indicating how to turn or turn, but not prohibiting.
My violation is associated with turning to the left and partial crossing of the markup at the end of the turn. There was no actual intent on the way of the oncoming traffic.
Part 4 Art. 12.15 Administrative Code of the Russian Federation reads: Departure in violation of the rules of road traffic on a strip, intended for the oncoming movement, or on the tram routes of the counter direction, except in cases provided for by part 3 of this article, entails the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to control transport means for a period of four to six months. And I also found violations of markup on this area on SNIP 2.07.01-89 p 6.22, namely the radii of rounding part of the streets and roads along the edge and dividing bands should be taken at least meters for the main streets and roads of the adjustable movement of 8 meters, local destination is 5 meters, on the transportation areas of 12 meters. I ask you to pay attention to the markup of this area, there is no radius to turn left
In this regard, and on the basis of becoming 1.5 kameap I ask:
Stop proceedings in the APN case under part 4 of Article 12.15 dated 04/12/2017
To retrain the committed by me by APN in accordance with paragraph 2 of Article 16.12, namely turning to the left or turn in violation of the requirements prescribed road signs or markup pass part
Present motion to enjoy the case file.
In case of refusal to satisfy the petition, I ask for compliance with the requirements of Part 2 of Article 24.4 of the Administrative Code of the Russian Federation and, taking into account the requirement of Article 29.12 of the Administrative Code of the Russian Federation, to make a decision in the form of a motivated definition.
13.1. Study, drawing up procedural documents by specialists of the site to be made exclusively for a fee
Have you helped the answer? Yes
In the last century, the construction rules were not as tough as now, and many buildings could be legalized after construction. Now everything is not at all, and to get a penalty for illegal construction can anyone - and the one who built a house on its plot, and the one who has chosen the park for the construction of the next shopping center. We will analyze what is considered to be illegal construction and what faces it.
According to 222 tbsp. Civil Code under unauthorized construction is meant The construction of any structure (building) on \u200b\u200bthe territory not intended for this, without obtaining legal rights, with a violation of the generally accepted rules of town planning.
Recognize the construction of illegal can if there is at least one of the violations:
- there is no permit for construction;
- the construction does not correspond to the basic purpose of the land plot;
- with the construction of the structure, construction regulations were violated;
- construction is conducted at the site without prior receipt of the right to own them.
If it is proved that the erected building or construction is really an illegal construction, then it will not be possible to get ownership. This means that allegedly the owner of this structure, which has spent its own funds, will not be able to fulfill them to fully, and even more so - to carry out any transactions with him (rental, sell, etc.).
That is, if the construction is recognized illegal, these actions will also be considered illegal, and any of these transactions are invalid. This will bring serious problems for the violator.
What can be taken in case of illegal construction?
It would seem that the question is simple and the answer will be unequivocal - to inform the supervisory authorities. But it is worth considering the fact that the applicant may turn out to be like victims of illegal construction and the culprit, so one decision can not do.
Illegal construction on the initiative of third parties
It does not matter that it is a building: a store in the middle of a square or a neighbor garage under the windows of the house, if this building is in any way interferes with the process of life, threatens security and health, violates civil rights in any way, you can safely demand via authorized Authorities (municipality, court) so that this construction demolished.
If it is proved that the construction is really illegal, then its owner will oblige her to demolish and return the territory in its former condition, and also pay a fine. Of course, usually the investigation procedure, legal proceedings and decision making can take a lot of time, and all this time illegal construction will cause serious inconvenience to citizens. Nevertheless, it is necessary to act in such situations hard, as no longer a single owner of the illegal structure agrees to demolish it in their goodwill.
Illegal construction on your own initiative
The main cause of the mass appearance of the self-employment has become lack of a full-fledged legislative base in the 90s. Then people offered to take areas and master them in their needs, they were promised to obtain ownership of ownership, it would be possible for ready-made structures through the court. In fact, after the adoption of the Town Planning Code, where the norms of permitted construction are clearly prescribed, citizens who have previously built houses, garages and cottages have some problems with obtaining ownership of them.
If you are the owner of such an illegal construction, you need to try to get official documents for it as quickly as possible until it began to disturb someone and they were not "asked" it to demolish it as soon as possible. Moreover, others can get the ownership of the site where your construction settled, and then there will be accusations of illegal assignment of someone else's territory.
The first thing to do is get the right to land where construction was previously implemented, and then legalize the construction that was erected on it.
Note! If your structure really does not interfere with anyone, but some neighbors initiate his demolition, you need to try to resolve the conflict in a peaceful way, and as soon as possible to try to legalize the constructed structure.
When you do not need to build permission?
The City Planning Code of the Russian Federation (Article 51) indicates several cases when the developer may not receive permission For construction:
- in case of building a garage on its own plot, which is not intended to conduct entrepreneurial activities;
- construction of buildings in areas intended for cottage or horticultural economy;
- installation of structures and structures that do not fall under the classification of capital construction (kiosk, tent, canopy);
- erecting auxiliary facilities.
In addition, there are regional programs that are allowed to carry out certain construction without receiving permits.
Types of responsibility for illegal construction
So, for the buildings that were not allowed, but were already built, a citizen who was built by them may threaten civil or administrative responsibility:
- Administrative responsibility It comes to identify the facts of the corresponding Article 9.4 of the Administrative Code "Violation of Mandatory Construction Requirements" and provides for the following sanctions:
- for ordinary citizens - a fine in sum from 2 to 5 thousand rubles;
- for officials and individual entrepreneurs - a penalty in the amount of from 20 to 50 thousand rubles;
- for legal entities - a fine of 500 thousand to 1 million rubles.
- Reason to attract to civil liability It is a violation of the Federal Law "On Architectural Activities (paragraph 3 of Article 25). This means that a person can oblige to restore the site into the initial species, which means to carry any buildings. The basis for demolition is only a court order, and the prescriptions from local administrations or district commissions may not be taken into account.
Buildings can be registered in Rosreestre, but even this will not be the basis for protesting on the previously issued court decision, if it was erected with a violation of construction standards.
The decision on demolition can be accepted on the basis of the statement of the owner of the land plot, on which the construction was erected without its consent. It should be noted that the right of ownership cannot be challenged and the amendment on the limitation period (3 years) does not apply to it. At the same time, the owner of the site can sue the recognition of ownership of the structure. The developer can applicate compensation for an object in the amount of estimated market value the buildings.
Is it possible to do without demolition and fine?
In judicial practice, there are cases when the decision is made in favor of the developer. Usually, recognition of property rights On the illegal structure can be obtained if:
- the structure is erected by all the rules and standards;
- it does not interfere and does not infringe upon the rights of other citizens;
- the territory on which it is located is not someone's property and can be used under the appropriate construction;
- the developer performed fire-fighting and other safety standards during the structure;
- and most importantly: he filed documents to court to recognize the construction of legal, but for some unreasonable reasons was given a refusal.
Even before March 1, 2020, the so-called « » According to which an actively used illicit structure, for example, a country area, can be obtained by the ownership of a simplified procedure. After the end of this period, the procedure for the legalization of buildings will be complicated.
In conclusion, it is worth saying that if you need to build something, it is better to worry about getting permissions in advance. It is much easier to solve questions regarding violated in construction than problems with the illegal structure.
If the construction was completed before the adoption of the relevant law, it is necessary as soon as possible try to get a court decision On the recognition of the legality of the construction.
The authorized body wants to attract the organization (IP) to justice for violation of the procedure for construction, reconstruction or overhaul of facility facility
The authorized body wants to attract the organization (IP) to the responsibility for the operation of the capital construction facility without commissioning
Organization (IP) challenges to liability for violation of the procedure for construction, reconstruction or overhaul of facility facility
Organization (IP) challenges attracting responsibility for the exploitation of the object of capital construction without permission to commission
1. Construction, reconstruction of capital construction facilities without building permission in case, for the implementation of construction, the reconstruction of capital construction facilities provides for obtaining construction permits -
(see text in the previous edition)
The imposition of an administrative fine on citizens in the amount of from two thousand to five thousand rubles; on officials - from twenty thousand to fifty thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from twenty thousand to fifty thousand rubles or the administrative suspension of their activities for a period up to the ninety day; On legal entities - from five hundred thousand to one million rubles or the administrative suspension of their activities for a term before the ninety day.
(see text in the previous edition)
2. Violation of the deadlines of the Federal Executive Authority of the State Construction Supervision of the Federal Executive Authority, the State Corporation for Atomic Energy "Rosatom", the executive authority of the subject of the Russian Federation of Notification of the Start of Construction, Reconstruction of Capital Construction Objects or the Unquesting Commissioners for the State Construction Supervision of the Federal The executive body, the State Corporation on Atomic Energy "Rosatom", the executive authority of the constituent entity of the Russian Federation on the timing of completion of works that are subject to verification -
(see text in the previous edition)
entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; on officials - from ten thousand to thirty thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from ten thousand to forty thousand rubles; On legal entities - from one hundred thousand to three hundred thousand rubles.
(see text in the previous edition)
3. Continuing work before drawing up acts on the elimination of the federal executive authority issued to the implementation of state construction supervisors, the state corporation for atomic energy "Rosatom", the executive authorities of the constituent entities of the deficiencies in the construction, reconstruction, and overhaul of capital construction facilities -
(see text in the previous edition)
entails the imposition of an administrative fine on citizens in the amount of from two thousand to five thousand rubles; on officials - from ten thousand to thirty thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from ten thousand to forty thousand rubles or the administrative suspension of their activities for a term before the ninety day; On legal entities - from fifty thousand to one hundred thousand rubles or administrative suspension of their activities for a period before the ninety day.
(see text in the previous edition)
4. Issuance of permission to enter the object into operation in the absence of conclusions of the federal executive authority of the Federal Executive Authority, the State Corporation on Atomic Energy "Rosatom", the executive authority of the constituent entity of the Russian Federation in the event of the construction, reconstruction of the capital construction object by law The Russian Federation on urban planning activities provides for the implementation of the State Construction Supervision -
(see text in the previous edition)
he entails the imposition of an administrative fine on officials in the amount of from twenty thousand to fifty thousand rubles.
(see text in the previous edition)
