Unauthorized construction: how disputes are resolved in court

Unauthorized construction is the construction of a facility without proper permits or in violation of urban planning conditions. Such construction may be legalized or subject to demolition by court decision.

In the 1990s and 2000s, a court decision was sufficient to confirm ownership of real estate and land, and most Ukrainians were satisfied with that. But in 2010, the situation changed: since then, the prosecutor’s office has been canceling ownership through the court and can cancel the decision on the transfer of land when it deems it necessary. In such cases, the requirement may be a fine for unauthorized construction and the demolition of the unauthorized construction at the owner’s expense. The lawyers of the DE-JURE company help you defend your rights in court and legalize unauthorized real estate.

What is considered unauthorized construction by law?

According to the Civil Code of Ukraine (Article 376), a residential building, building, structure or other real estate is considered unauthorized construction if it is built or is being built on a land plot that was not allocated for this purpose, or is being built without an appropriate document giving the right to perform construction work or a properly approved project. Construction with significant violations of building codes and regulations is also considered unauthorized.

What are the grounds for recognizing a building as unauthorized?

There can be quite a few options for claims, depending on whose rights are violated and how this is expressed. Most often, lawsuits are filed with the court to eliminate the negative consequences and/or violations caused by such unauthorized construction. For example, if a house is built on someone else’s land, the owner has the right to go to court with a demand to eliminate obstacles to the use of the land and demolish the house. If the reconstruction of the building was carried out without obtaining the appropriate permits, the urban planning authority may go to court with a claim for the developer’s obligation to restore the unauthorized reconstructed building to its original condition at its own expense (we told you how to avoid such a situation and legalize the reconstruction in a separate article).

Limitation periods in cases of unauthorized construction

The limitation period depends on the procedural legislation under which the plaintiff applies to the court. In addition, the stated claims and the essence of the dispute are important. For example, if a person built a house on land that does not belong to him, then no time limits allow him to register ownership rights to this unauthorized construction through the court. The limitation period for claims for the reconstruction or demolition of an unauthorizedly constructed structure (house, extension, etc.) is not considered to have expired, no matter how much time has passed since the start or completion of construction.

Who can file a lawsuit about unauthorized construction?

The owner of a land plot on which a third party has carried out unauthorized construction without his permission or without transferring this plot for use to the developer may file a lawsuit with the court.
The list of claims may include claims for the demolition (dismantling) of a building. This claim is filed with a local court. In this case, a separate claim for recognition of the construction object as unauthorized construction is not required. If the land plot belongs to a local community, then the lawsuit is filed with the court by the urban planning and architecture body, which is part of the structure of the local government body. State authorities, local governments, as well as relevant inspectorates of the State Architectural and Construction Control Service, also have the right to file a lawsuit.

How to prepare documents for a court hearing?

To legalize a private house through a court, you need to file a claim with the local government or the state architectural and construction inspection as the defendant. This procedure is only suitable for already completed structures that are built in accordance with technical and construction standards. It is also necessary to attach documents to the application confirming the right to ownership of the land and undergo a technical examination. The court makes a decision on the basis of which state registration of ownership is carried out, as a result of which the self-construction is legalized.

Procedure for filing a lawsuit to demolish an unauthorized structure

To apply to court, in addition to a reasoned statement of claim, you should prepare documents proving the validity of the claims (for example, documents confirming the right to a land plot where a third party built an unauthorized structure, evidence of the developer’s violation of building and sanitary standards, etc.), as well as comply with the procedural requirements stipulated by law for filing a relevant lawsuit: pay the court fee, send the statement of claim with copies of the documents attached to it to the defendant, etc. A correctly compiled and executed package of documents is already the first step towards winning a legal case.

How to prove the right to preserve an unauthorized building?

To protect your rights and prevent the demolition of an unauthorized building, it is worth understanding all the details of the case. For example, in the practice of “DE-JURE” there is a case when a client was sued for building an extension that combined his two warehouses into one large one. But according to the documents, the land plot under the building was legally transferred to him for rent, the term of which has not yet expired. So at the moment, while the lease agreement remains valid, the requirement to demolish an unauthorized building is an interference in private business.

How to legalize unauthorized construction through the court?

In some cases, even when construction work is carried out without obtaining a permit for its implementation, the developer has the opportunity to go through the procedure provided for by law for the relevant construction work. In particular, to develop project documentation, obtain approval for the start of construction work and the readiness of the facility for operation (this list is not exhaustive and depends on the nuances of a specific case). However, this method is not suitable for all facilities. Depending on the circumstances, the path of “legalization” of the unauthorizedly constructed facility is chosen.

How to appeal a court decision to demolish a building?

A court decision, regardless of whether it concerns the demolition of a building or another dispute, is appealed according to the procedure specified in the relevant procedural regulatory legal act. If the case was considered in a local court (as is most often the case), then you should apply to the relevant court of appeal to appeal. The appeal must be filed within the time limits prescribed by law, and DE-JURE specialists will help with this.

Popular Questions

What decisions can a court make regarding unauthorized buildings?

The court’s decision depends on the merits of the case. If it is proven in court that a building was illegally built on someone else’s land, the court may decide to demolish it. If the unauthorized construction work was reconstruction, the court may oblige the owner of the building to restore it to its original condition, which was before the reconstruction.

How does the court take into account the interests of third parties in disputes about unauthorized constructions?

If the decision on the legalization of buildings may affect the rights of third parties, the court has the right to involve them in the process. In this case, the involved persons receive a number of procedural rights, including the right to provide explanations, file motions, etc. Thus, third parties can protect their own rights and legitimate interests within the framework of the court proceedings.

What to do if a neighbor’s construction violates your rights?

If a neighbor is building or has completed the construction of a real estate object that violates your rights, there are a number of measures that can be taken. First, you should contact the neighbor directly to try to resolve the dispute amicably, taking into account mutual interests. If you fail to reach an agreement with a neighbor who has built the structure without permission, there are several more options:

• if the violations have signs of an administrative offense or crime – contact law enforcement agencies, in particular the police;
• if the violations consist in non-compliance with building codes and regulations, as well as the requirements of regulatory legal acts in the field of urban development – contact the urban development authority;
• if it is impossible to resolve the case in a pre-trial procedure – there remains an appeal to the court.