Unauthorized construction: consequences and ways to legitimize unauthorized construction

Recommendation points

• Construction on someone else’s site
• Construction without permits
• Features of the legalization of unauthorized construction through the courts
• Where to go
• Documents to be filed with the claim
• Attempt to obtain permits before trial
• Acquisition prescription
• Completion of structures
• Buildings for the construction of which it is not necessary to obtain a permit
• Useful Tips
• Disadvantages of self-willed houses

Construction on someone else’s site

According to the Administrative Code, for unauthorized occupation of a site for construction, a fine is imposed on the offender in an amount not exceeding one thousand rubles. If he is an official, the fine will be twice as high. Such a sum is nothing for a person who has decided to build a house. But there is one nuance, if the fact of unauthorized construction on someone else’s site becomes clear only after the completion of construction, the owner of the land has the right to sue the person who built the squatter, and, in case of winning the case, register the ownership of the illegally built house for himself. True, in this case, he will have to pay compensation to the one who erected the squatter, but for sure the latter will not console much.

In the absence of any legal rights to the site on which the house is being erected, the legalization of unauthorized construction through the courts is almost impossible. In this case, a person who has decided on unauthorized construction should consider two options for getting out of the situation:

1. Agree with the owner of the site to conclude an amicable agreement, according to which he will give his permission for construction and declare that he has no claims against the person who arbitrarily built a building on his land.
2. Lease a land plot before starting construction. Judicial practice says that the land should be taken on an indefinite lease or use. If it is taken for a certain period, the samostroy must comply with the intended purpose specified in the lease agreement.

That is, if the agreement specifies the right to erect a non-capital structure (garage) on the ground, and a capital (house) is built, most likely it will be demolished by a court decision.

Construction without permits

If everything is in order with the registration of the site, but no building permits have been received, the owner of the unauthorized building is threatened with the demolition of his building. This is done on the basis of a court decision, which will indicate the time frame for the demolition of the object. If the unauthorized developer does not do this, the bailiffs will carry out all the work at the expense of the state, and all demolition costs will be charged from the person who started the squatter.

Therefore, there is only one option for legalizing such buildings – filing a claim in court.

Features of the legalization of unauthorized construction through the courts

Where to go

In 2014, the Supreme Court clarified that with questions of legitimizing unauthorized construction, it is necessary to apply exclusively to local courts, and not to arbitration, as many unauthorized developers believe..

Documents to be filed with the claim

1. Documents of title to the site (if, of course, there are any).
2. Design estimates for unauthorized construction.
3. Documents confirming payment for the developer’s services and the purchase of building materials.
4. Conclusion that during the construction all norms and rules established by Russian legislation were observed. It is issued by representatives of the Construction Supervision Committee, on the basis of an application, which is considered within 7 days.

For example, going beyond the red lines can be a similar violation of building codes. These are the boundaries within which the construction of private buildings is allowed. Going beyond them means that the structure is located in common areas, where the construction of facilities is prohibited by SNIPs and cannot be legalized. Therefore, before starting construction, it is necessary to familiarize yourself with the city planning plan of the city in order to prevent such a mistake..

5. Expert opinion that the interests of other citizens were not violated during the construction of the facility.
6. Expert opinion that the construction does not threaten the health of third parties.

The last two examinations can be carried out by a court decision or ordered by the plaintiff in advance in organizations licensed to issue such conclusions.

Attempt to obtain permits before trial

The Supreme Court of Russia, in its explanation, indicates that judges must necessarily make sure whether the owner of the unauthorized building tried to obtain a building permit in a legal manner. If the plaintiff did not make any initial attempts to solve the problem legally, his chances of winning the case are low. Therefore, when submitting applications and inquiries to state bodies, it is necessary to save all received answers and attach them to the claim.. For example, a letter in which the regional architecture refuses to approve unauthorized construction.

Acquisition prescription

Earlier in Russia, there was a widespread practice, when a squatter was automatically legalized 15 years after its construction, on the basis of the so-called acquisitive prescription. At the moment, Russian courts believe that this rule can only be applied in the case of construction of a building on a site that is legally owned by a person. In other cases, this rule does not apply..

Completion of structures

Previously, many Russians who rented a land plot for the construction of a residential building or other object and after a while decided to build an extension to it could easily legalize such a squatter. At the moment, the courts believe that this cannot be done if the prohibition on additional construction is enshrined in the lease..

Buildings for the construction of which it is not necessary to obtain a permit

Fortunately, there are four types of cases when it is not necessary to obtain a building permit:

1. Construction of garages on plots provided for gardening or summer cottages.
2. Construction of kiosks, sheds and other structures on the site that do not belong to capital construction projects.
3. Changes at capital construction projects, provided that as a result, the limit parameters of the permitted construction are not exceeded.

For example, for the construction of an extension to a house, it is necessary to obtain a permit, but to rebuild a part of it within the existing boundaries, it is not..

4. Construction of auxiliary buildings on the site.

As the Supreme Court clarified in 2014, these are the structures necessary to maintain the house: wells, baths, boiler rooms, sheds.

To register the ownership of these buildings, you just need to submit to state authorities the documents of title to the land plot and the declaration of the erected real estate object. The fact of completion of the construction of the facility is recorded in the declaration, data about it is filled in, and then the document is signed by the BTI employee and the future owner of the building.

Useful Tips

1. To legitimize unauthorized construction, a conclusion is required on adherence to all technical standards during construction. This aspect must be given serious attention when constructing a building..

For example, the self-willedly famous Sutyagin House, the tallest wooden house in the world, which they wanted to enter into the Guinness Book of Records, was demolished precisely because Russian legislation prohibits the construction of wooden houses with a height of more than 2 floors without prior approval from government agencies. Even if this unique building was demolished, what can we say about ordinary cottages built in violation of building codes.

2. It is worth getting to know your future neighbors better and make sure that in the future they will not sue and demand that the building be demolished on the grounds that it violates their legal rights or threatens life and health.
3. If neighbors or local officials assure the person building the squatter that its construction is illegal and he must demolish it, their words should not be taken seriously. According to the Civil Code, an unauthorized building is demolished only by a court decision, and until such a decision is made, it is not necessary to take any action to dismantle the object.

Disadvantages of self-willed houses

No matter how tempting it may be to start construction without a long and complicated process of obtaining permits and approvals, you should always remember about the disadvantages of self-construction:

1. Their owners cannot enter into any transactions (sale, donation, lease) without obtaining ownership of these buildings.
2. It will also not be possible to register in an unauthorized house, since without the legal registration of the building, an address cannot be assigned.
3. There is a risk that it will not work to legalize the squatter construction, and it will be destroyed by a court decision or transferred to the ownership of the real owner of the land plot.
4. In some cases, it will take no less time and money to legitimize unauthorized construction than to build a house with the preliminary receipt of all the necessary permits.

Therefore, before deciding on the construction of an unauthorized building, it is necessary to carefully weigh the pros and cons of this construction..