The construction of unauthorized buildings for Russia is the most common situation. Some people believe that if a piece of land is acquired as a property, they are not obliged to report and register the buildings that are erected on it. This especially affects temporary buildings. Also, there is a situation with the allocation of land plots for the construction of a garage in garage cooperatives.

Only legislation provides clear and strict procedure for the construction of any type of building. Initially, the very fact of future construction on your own site must be agreed upon with the relevant government agencies and received from them.

But what about those who have already erected a building? A building of any type erected without the appropriate approval procedure is called self-construction.

For such situations, the legislation provides for a separate legalization procedure.

Changes in 2019

2019 did not bring any changes as such regarding the legalization of unauthorized buildings on one’s own land. However, due to the active struggle of government agencies with problematic and dilapidated real estate, the procedure is being tightened.

Already today there is a register of government agencies that are strictly prohibited. This means that before engaging in the procedure for legitimizing a building, you must first find out: Is there a right to privatize the land plot on which the squatter building stands? Otherwise, you can end up in a very unpleasant situation, when a lot of time and effort will be spent, and the court’s decision will be exactly the opposite of what you want - demolition.

Regulatory framework

The most important regulatory act defining the concept of unauthorized buildings is Civil Code of the Russian Federation. In Art. 222 of the Civil Code of the Russian Federation gives a capacious and clear concept, what is unauthorized construction.

It is also stated here that a person who has erected a building without the approval and permission of the relevant authority on a plot of land not intended for construction does not have ownership rights to the building.

The owner of the land may have no rights at all to use or dispose of the property. If such buildings are identified, the government body may legally require the land owner to demolish the structure at his expense. And in such a situation, the court will be on the side of the state.

In 2015, due to the popularity of this issue and a large number of judicial precedents on claims for the legalization of unauthorized construction, a law was adopted at the federal level “On the legalization of unauthorized buildings” No. 258-FZ.

Another important regulatory act affecting the recognition of a building as a self-construction is Land Code of the Russian Federation. After all, it is based on what category the land plot belongs to that determines whether construction can be carried out on it.

The roles cannot be reduced either. Code of Administrative Offenses of the Russian Federation. If unauthorized construction of a building is detected, the owner of the land will face the threat of administrative fine of up to 1,000,000 rubles.

The Tax Code of the Russian Federation provides for the accrual of double tax, fines and penalties on the owner of a self-built building.

In order to simplify the procedure for legalizing unauthorized buildings on dacha plots, Federal Law No. 93-FZ was adopted, which is called the “dacha amnesty,” which allows the legalization of buildings on dacha and garden plots in a simplified manner.

The legalization of unauthorized buildings also affects the provisions of the Town Planning Code of the Russian Federation.

Arbitrage practice

There are two ways to legitimize an unauthorized structure: “” and. The practice of legitimizing buildings in court began in 2006, when the owners of garages built in garage cooperatives without the appropriate documents in the 90s actively went to court.

If a structure erected without permission from government agencies is safe for others, is not located on municipal land, and does not affect the interests of third parties, the court quickly makes a decision recognizing the plaintiff’s ownership of it.

This is especially true for situations that fall under the “statute of limitations” category. These are the cases when the buildings were erected before the adoption of regulations on the need to obtain a construction permit. After all, here the owner finds himself in a difficult situation. In fact, he has it, but due to changes made to the legislation, ownership of the erected structure has not been formalized.

If the court is provided with the relevant documents that the plaintiff has owned the plot for more than 10 years, he has used it properly, paying all the necessary taxes and fees, the procedure for recognizing his ownership rights will not take much time.

Legitimation procedure

Ownership rights to such real estate are transferred to the owner of the land plot if several conditions are met:

1. The land must be owned.
2. is obliged to allow the possibility of construction of a real estate object on it.
3. State bodies should not have any claims regarding the plot of land and unauthorized structure in question.
4. When going through the legalization procedure, the person who erected the illegal building must pay relevant taxes and fines to the Federal Tax Service for the last 3 years with the accrual of appropriate penalties. It is worth adding here that if the land plot has been owned by a person for more than 10 years, taxes and fines for the constructed property may be assessed for this entire period.

The legislator provides two procedures for legalizing unauthorized buildings: judicial and administrative.

Judicial procedure for legitimation

Before writing and filing a claim, you need to make sure of some aspects of the construction and collect the required package of documents.

First, what you need to pay attention to: is the land on which the building is located owned?

If yes, then there will be no problems, the main thing is to prepare documents for the court that confirm this. Only those buildings that were erected on or on a plot of land are subject to legalization. If, you will need to first transfer the site to the desired category, and only then deal with the legalization of the building.

Second. If the reason for classifying a building as unauthorized is only the absence of a construction permit obtained in advance, the court will require evidence from the plaintiff that he tried to obtain permission in a timely manner (before the start of construction) by all possible means. However, today this factor is not decisive. The court tries not to focus attention on this, since many simply did not apply for permission at the time. And some didn’t even know that they needed to receive it.

Third. It is necessary to make sure in advance that the construction does not violate the rights of third parties (neighbors, administration, etc.) and is safe for other persons. When legitimizing a building, the plaintiff must prove the absence of such obstacles, which means that before going to court, one should obtain a written explanation from the neighbors that the building does not violate them or interfere with them.

Fourth. The main factor in court, when recognizing the plaintiff’s ownership of a building, are official documents from the department of architecture and, which indicate that the disputed building complies with all rules, regulations and SNIPs, according to which construction is carried out. Consequently, the plaintiff must, before submitting documents to the court, go through these organizations and obtain appropriate conclusions from them.

Documents required by the court to legalize self-construction

Depending on what kind of building you plan to legalize - a house, barn, cottage or garage - the list of documents may vary. However, there are general documents required for any building to bring it into legal ownership:

1. . This can be not only a certificate of ownership, but also a certificate of inheritance or a purchase and sale agreement. However, for the court, the best argument will still be the property right already formalized and registered with Rosreestr.
2. Land cadastral plan.
3. . Even if it has not yet been issued, when you contact the BTI, you can obtain a technical passport for construction.
4. Technical conclusion that the structure is suitable for use.
5. Certificate of its value (inventory).
6. Urban planning plan of the entire site.
7. Documents that are most often requested by the court in cases of this category: an act of coordination of boundaries and.

When the ownership of a garage in a garage cooperative is recognized, the following documents are submitted to the court:

1. A document that confirms the allocation of a plot in a garage cooperative to the plaintiff.
2. Documents that confirm the use of the constructed garage for 10 years (receipts for payment of membership fees).
3. Technical documentation for the garage from BTI.
4. A written statement from the chairman of the garage cooperative.
5. A written statement from the city administration that they have no claims regarding the recognition of the plaintiff’s ownership of the garage.

Legalization of an unauthorized garage

A garage can be built not only on the territory of a garage cooperative, but also in a country house, in a gardening community, or simply on a bare plot of land.

When registering a garage built on the territory of a private plot of land (cottage or garden), the following rules apply: land must be owned.

The easiest way is when the ownership rights to the land and the garage are one person. Here, there is no need to prove through the court the right to ownership and use of the land plot on which the garage already stands.

Otherwise, no one will protect neighbors or third parties from claiming rights to this territory.

When a garage is installed on the territory of dacha or garden partnerships, you can do without going to court by simply registering this building as an auxiliary building (room). If the garage is of the nature of a permanent structure, then it is necessary to contact the municipal (local) commission for eliminating unauthorized construction. Here you will need to write application for registration.

If the municipality does not have rights to the site in question, then there will be no problems with registering ownership of the garage. Before applying, you must fill out the appropriate declaration. To do this, you need to know the date the garage was built and the name of the materials. It is best if the applicant keeps receipts for the purchase of building materials.

Next you need to contact to the territorial department of BTI to register the garage as a real estate property and register it as an unauthorized structure.

The next authority is the architectural department, where you need to obtain a construction declaration. This declaration will indicate the exact technical parameters of the construction.

If the commission finds that the garage was built in accordance with the standards, the owner has the necessary technical equipment. documents, he confirmed his right to the building in question - the garage will be legalized administratively.

However, municipal authorities most often do not recognize the applicant’s ownership of garages. And then you have to resort to the second method - judicial review of the problem. Here you should check in advance the availability of basic documents so that the court recognizes the claim as indisputable and does not delay the consideration of this case.

When filing a similar claim in court, it is worth knowing that proof of ownership and use of a garage on the territory of the cooperative is membership book.

If a garage is built in the yard, it is problematic to register ownership of it, as well as prove the right to use. It all depends on the position that the municipal authorities take. If a plot of land in the courtyard of an apartment building is transferred to the owner of the garage through privatization, then the ownership right is formalized by obtaining technical documents. documents from the BTI and concluding an agreement with the city (district) administration.

Legalization of unauthorized construction on a non-target site

In cases where an unauthorized structure is erected on one’s own site, not intended for construction, the procedure for legalizing the structure becomes significantly more complicated. The difficulty lies in the fact that first of all it is required transfer the land plot itself to the category permitting construction on it.

You can submit a petition to the municipality to transfer a site from one target category to another owner only. Such a request must indicate a justified reason for the transfer.

The application is accompanied by the following documents for the land: and ; as well as all documents confirming the identity of the applicant and his ownership of this site.

Based on the results of consideration of the application, the executive body issues an appropriate act on the satisfaction of the application or on the refusal to satisfy it.

Only after transferring a land plot to a target category that allows construction on it can legalization of unauthorized construction erected on it be carried out in accordance with the general procedure.

Legalization of unauthorized construction in the Republic of Crimea

A feature of the legalization of unauthorized buildings in the Republic of Crimea is the fact that legislation regarding unauthorized construction does not apply on their territory. Accordingly, in Crimea it is more difficult to legitimize unauthorized construction; it is carried out in court.

Another factor complicating this procedure on the territory of the republic is a large number of environmental protection zones, recreation areas, historical sites and monuments.

Accordingly, when filing a lawsuit to legalize an unauthorized construction, in addition to the standard package of documents, you will also need to attach permission from neighbors for this procedure.

Representatives of the city (district) administration are required to attend court hearings and express an opinion on this fact: whether they object or do not object to the recognition of property rights.

In all other respects, the procedure for legalizing a building follows the general rules.

Legalization of unauthorized construction on the individual housing construction site

It is easiest to legitimize an unauthorized structure erected on a plot of land classified as individual housing construction.

The main problem why construction on such a site can be recognized as unauthorized construction is lack of permission. To register ownership of a building, you will need to go through an administrative legalization procedure. As described above, this will require the owner initially submit a corresponding application to the municipality, provide them with the appropriate package of documents and pay the fine, which will be established by government authorities in accordance with Art. 9.5 Code of Administrative Offenses of the Russian Federation.

If the municipal administration for some reason refuses to legalize the building erected on the land plot, you can always file a corresponding claim in court.

Video consultation

Experts talk about how to legalize self-construction in the video below.

What is unauthorized construction and the dangers of illegal construction of structures should be known to everyone who has decided on such arbitrariness. It is worth knowing that a person who has carried out unauthorized illegal construction may be held accountable for violating the law. The relationship between the offender and the state is regulated by the Civil Code (CC) of the Russian Federation. More precisely, article 222.

What is unauthorized construction?

Today, unauthorized buildings are classified as residential buildings, structures and other buildings that have the following characteristics:

1. They stand on a site with a different purpose.
2. Construction took place without obtaining permits.
3. Its construction was accompanied by a violation of norms and regulations, including urban planning ones.

Since 2016, a number of changes have been introduced to the law; now an unauthorized construction is a building, structure or other structure. And the signs of unauthorized construction were supplemented with one more item and changed somewhat. The last two points are in force, and to them have been added:

• Construction on a site that has not been transferred into ownership in accordance with existing regulations.
• A structure erected on a site is also an unauthorized construction if its permitting use does not allow such construction.

Important! A built house, garage, etc. that meets at least one of the criteria is considered to be built without permission.

What to do with unauthorized construction

In fact, anyone can build a structure that is illegal, but then what to do about it? Actions depend on which side the person is on.

If it was built illegally, for example, a neighbor

In this case, any citizen who believes that such a building violates his legitimate interests and rights, and also poses a threat to health, has the right to demand demolition at the expense of the person who erected the structure.

Moreover, the person who carried out the illegal unauthorized construction is obliged to fulfill this requirement. You can start with a peaceful solution to the problem, reminding him that according to the law, for violating it he faces a fine. If there is no response, you can contact the municipality or court. Both the first and second authorities have the right to oblige the violator to demolish the squatter building.

In most cases, such situations are a clear violation of all moral and legal norms. If a neighbor has blocked the road with his garage or an extension to the house, then this really goes beyond all limits and one can and should complain about this to the appropriate authorities. Such self-constructions can and must be fought.

If you had to build yourself not according to the law

If the unauthorized building is your own home or garage or other building, then you need to try with all your might to legitimize it and get it into legal ownership.

The state itself is essentially to blame for the fact that so many unauthorized buildings have appeared, since before the introduction of the new land legislation, plots were distributed to the right and to the left. At the same time they said, build, then you can become the owner through the court. But everything turned out to be not so simple, now the person who carried out the unauthorized, illegal construction has a headache.

In this case, the signs of unauthorized construction are also regulated by Article 222 of the Civil Code of the Russian Federation on unauthorized constructions. But if they do not bother anyone and they are not reported, it is quite possible to try to legitimize them.

Why is it better to legalize

In order not to suffer from the consequences of building a house, bathhouse, or garage for which there is no permit, the property should still be legalized. With the right of ownership it will be possible to carry out the following actions:

• Dispose of property that was built with your own hands.
• Sell, donate, inherit.
• Don’t worry about your future, because if the building is recognized as unauthorized construction, then it will have to be demolished.

Only those buildings that are erected on land that is private property can be recognized as property.

Options for legalization

There are several ways to make construction legal, including:

• Court decision - in this case, it will be necessary to find evidence that confirms that the initiator of such a construction has property rights to the land plot. Moreover, it will be necessary to prove that the building does not cause harm to others and is not dangerous to the health and life of surrounding people.
• The administrative method is an option that can be implemented only for buildings that can be erected without building permits. Often these are small wooden houses that are built on areas for gardening.

Punishment for illegal construction

You will still have to answer according to the law for erecting a building on the territory without permission or purchasing land from such a building. If the municipality becomes aware of the existence of an unauthorized building, the following measures may be taken:

1. If construction took place on the territory of a site that is not owned, such a process will be regarded as a seizure of someone else’s real estate. In this case, a fine is imposed.
2. If a capital structure is erected on lands that are classified as prohibiting such construction, the person who did it or currently owns the land will be ordered to demolish the structure.
3. In certain conflict situations, if the land is not privatized, the property may be confiscated and a fine imposed.
4. The object that was erected in violation of construction and urban planning standards will also have to be demolished.

Conditions under which self-building can be legalized

Not every house or other building can be legalized. In order to become the owner of your own home with little money you need:

• Own the land on which it is built. Moreover, there must be documentary evidence of this in the form of a certificate of ownership. The plot itself must have a cadastral number and plan. If the land is privatized, then there must be documents that confirm this.
• The construction must not violate anyone’s legal rights and interests. That is, the territory of the neighbor’s plot should not be partially encroached upon, sanitary standards for distances to the neighboring house must be met, and the road or passage should not be blocked.
• The construction should not pose a threat to the health and life of others. This will be checked by a special commission from firefighters, sanitation stations and other services.
• There should be no gross violations of building codes. This fact must also be confirmed by the relevant authorities.

What should not be legalized

There are a number of buildings that do not require legalization, that is, even if they were erected without permits, they are not unauthorized construction, among them:

• Auxiliary structures that do not have a foundation, that is, are not capital.
• A garage that is located on the territory of the category, which is agricultural land, if it does not provide for the implementation of entrepreneurial activities.
• Work on reconstruction or construction of non-capital facilities. Such as kiosks, awnings, etc.
• Repair work that does not concern violations of the integrity of load-bearing walls, including their relocation and redevelopment.

How much will legalization cost?

In situations where no violations are identified, the cost of legalization will not be high. What you will need to pay for:

1. Registration of a land plot if it is not owned.
2. State duty for registration of property rights.
3. If you don’t have time to deal with this process yourself, then the costs of drawing up a power of attorney.

In fact, you will have to spend more time and nerves than money. This is the specificity of domestic legislation, which stops many owners of self-built houses. But you can’t hide forever; sooner or later the house will need to be bequeathed, perhaps sold. If it is not completed, this will not be possible. And the further you postpone the design, the more difficult it will be to do this.

Conclusion

Unauthorized construction is illegal and it is better, therefore, not to play with the law. Indeed, in addition to serious fines, in some cases you will even have to demolish the object. Things will be somewhat simpler if the house is built on your own land, but here building regulations may come up that must be observed.

Preparing to build your own home takes a lot of time, effort and money. It is not surprising that some developers are trying to circumvent certain provisions of the law. One of these often ignored norms is obtaining a building permit. Despite the fact that such situations occur quite often, you should not do this.

Building a house without obtaining a building permit threatens not only with the fact that it is impossible to register ownership of such real estate, but also the house in which you have invested a lot of money and effort may be recognized as an unauthorized construction, as a result of which it will have to be demolished and Besides, you have to pay a considerable fine!

About the building permit

According to the Town Planning Code, a building permit must be obtained for any capital construction project. A capital construction facility (CFU) is usually understood as a building that is rigidly attached to the ground. Based on this provision of the law, you can build on the site outbuildings, a temporary shelter, a gazebo and other objects that do not have a foundation without permission.

The residential building has all the signs of an ACS: rigid attachment to the ground, impossibility of moving without serious damage. Therefore, permission must be obtained, otherwise your house will be declared illegal, they will force you to demolish it at your own expense, and they will also impose an administrative fine!

What do you need to start construction without a fine?

In accordance with Art. 51 GrK, to obtain a construction permit you will need:

• Prepare GPZU and SPOZU. To do this, you must complete a topographic survey of the site in advance and coordinate it with the regulatory authorities (water utility, gas workers, etc.).
• Develop and approve the project with regulatory authorities, and sometimes conduct an examination.

Submit these documents, along with an application and a certificate of ownership, to local authorities. If all documents are in order and the law is followed, you will be issued a permit. Next, you will need to obtain a warrant for excavation work, and construction can begin.

Attention!!! If you are denied a permit, you must eliminate (if possible) the violations that led to the refusal and go through the procedure again. Without this, construction work cannot begin! The building will be declared illegal!

Validity period of the building permit

A permit to build an individual housing construction house is valid for 10 years. If you started construction, but the construction was delayed and you did not meet the 10-year deadline, the permit can be extended. You need to remember that if construction has not started, your permit will not be renewed. The entire procedure will have to be repeated.

Administrative sanctions will be imposed for illegal construction. The punishment for self-construction is prescribed in Art. 9.5 Code of Administrative Offences. The violator is required to dismantle the building and pay a fine. The amount of the fine depends on the legal status of the developer:

• Individuals- 2-5 thousand rubles.
• Officials- 20-50 thousand rubles.
• Entrepreneurs- 20-50 thousand rubles and deprivation of the right to engage in entrepreneurial activity for up to 3 months.
• Legal entities- from 500 thousand to 1 million rubles and suspension of the company’s activities for up to 3 months.

Attention!!! Some types of construction and reconstruction work can be carried out without obtaining a permit. To avoid being caught in a legal trap, consult with a specialist before starting construction.

Fines may also be imposed if the following violations are detected:

• Reconstruction of buildings included in the cultural heritage.
• Construction without taking into account the intended purpose of the site (for example, the construction of a residential building on agricultural land).
• Laying communications without permission from regulatory authorities.
• Late notification of the start of construction.
• Resumption of construction work suspended by construction supervision until the identified violations are eliminated.
• Actual operation of the building without obtaining permission.

Fines- not the only problem that the owner of a self-built building will face. Such a construction can only be legalized in court, but, as practice shows, the courts do not always side with the person who has grossly violated the law.

If you want your house construction to take place in accordance with the current legislation of the Russian Federation, and do not want to experience the litigation of court cases. Contact our specialists for help, we will advise you and help you complete all the necessary documents for the official construction of a house.

In our country, this phenomenon is quite common and very widespread. The scale of such structures can be different - from a cottage to a high-rise building.

The reasons for the appearance of a huge number of “self-deceptions” are also different - from banal ignorance to outright fraud. The second case is when an unscrupulous developer builds houses without permission, and buyers of illegal apartments then lose money, often irrevocably.

However, any unfortunate builder may one day be fined. This is just one of the liability measures that is very important to know about. Therefore, today we will tell you the size of the fine for unauthorized construction (samostroy) provided in Russia.

Fines for unauthorized construction in Russia

Construction that someone has carried out without permission is a very broad concept. Liability for this depends on the seriousness of the violation. For example, if “AWOL” is contrary to the town planning code, then the punishment procedure may be:

• administrative;
• property;
• disciplinary;
• criminal.

In many cases, construction cannot begin without special permission. If a house is being erected without a design, and construction is still underway, then the culprit may receive a fine for unauthorized construction (self-construction).

• In this case, an individual will pay no less than two and no more than five thousand rubles. IP - within tenfold limits.
• Legal entities will pay from half a million to a million rubles.

You may not get away with a one-time fine. If there is an order to suspend construction, and it continues, fines will follow again.

• For individuals, the amount will be the same as in the first case.
• Individual employees of organizations will be “punished” in the range of ten to thirty thousand rubles.
• For individual entrepreneurs, the upper limit will jump to forty.
• Legal entities can be assigned from fifty to one hundred thousand rubles.

A fine for individual entrepreneurs and legal entities may be accompanied by another measure. Indirectly, it also brings significant financial losses. We are talking about a ban on conducting activities. Duration – up to one and a half months (90 days).

All this is the Code of Administrative Offenses of the Russian Federation, Article 9.5.

In the video below you will learn about cases from judicial practice regarding punishment for unauthorized construction:

Organizations to combat such violations

Various organizations can monitor AWOL construction sites and punish violators. They are listed in the Code of Administrative Offenses (Article 23.56). In addition, the Moscow Government initiated the formation of a special commission several years ago.

What is the commission

Unauthorized construction in Moscow at some point became simply threatening in scale. To combat this, the city authorities created a specific district commission to suppress unauthorized construction.

1. If some Moscow real estate of a relatively small area in some respects clearly resembles an “AWOL” property, the District Commission for the Suppression of Unauthorized Construction must deal with it. It is also in charge of any non-permanent “AWOL” buildings.
2. Illegal occupation of a land plot is another aspect of the commission’s activities.

Its members meet every month, discuss issues on the agenda and make their decisions.

Her decisions

What could be the decision during the meeting of the District Commission to suppress unauthorized construction? Here are the main directions:

• under Article 222 of the Civil Code of the Russian Federation, determine that a certain object is the result of unauthorized construction;
• invite the violator who built the “AWOL” to voluntarily demolish or dismantle the structure;
• if a voluntary procedure is impossible, file an appropriate claim.

Unauthorized construction includes, among other things, any unauthorized extension to an individual house. In what cases will the construction of a building be legal?

You can begin construction work after:

• the right to acquire ownership of a plot of land has been formalized;
• a project of the planned structure has been created and approved by the necessary authorities;
• a warrant for excavation work has been received;
• permission to begin construction has been received.

All these activities include corresponding stages and substages. If you abandon this rather lengthy process, the developer faces statutory liability for unauthorized construction.

Consequences of unauthorized construction

Civil liability

Clause 3 of Article 25 of the Federal Law “On Architectural Activities” provides grounds for holding an individual accountable for uncoordinated and unauthorized construction. First of all, a person is obliged to restore the land plot to its original form and demolish the illegally erected building.

All illegally erected buildings can only be demolished after a court order. Instructions issued by local administrations and district commissions to suppress unauthorized construction do not apply to the demolition of an unauthorized house.

Even if the ownership was somehow registered in the Rosreestr office, this does not provide grounds for avoiding the forced demolition of the house in the event of a significant violation of the rules and regulations during the construction of the building.

The court may invalidate the record of ownership of a constructed piece of real estate if it was built on a plot of land that previously belonged to another person without the consent of the relevant authority for the construction.

If the plaintiff, who built the building without permission, refers to the expiration of the three-year limitation period after the construction of the property, then these arguments will not be taken into account by the court, since this mandatory rule does not apply to the rights of the owner. The same limitation period does not apply to those buildings and structures that, after construction, may threaten the life and health of the people living there. In this case, a statement of claim to the court for illegal construction of a house can be filed by the commission to suppress the unauthorized construction of buildings.

When constructing a building on someone else's land, the owner of the site may not file a demand for its demolition, but has the right to ask a judicial authority to recognize the right of ownership of this building. If such a requirement is satisfied, then the unauthorized developer has the right to receive compensation for the constructed facility. The court evaluates all the developer’s investments as accurately as possible, determines the market value of the property and sets the amount of compensation.

Administrative responsibility

An individual who has violated the construction rules, in addition to civil liability, in accordance with the federal law “On violation of requirements during the construction of buildings and structures,” may be held administratively liable on the basis of the Code of Administrative Offences.

There is a fine for construction without permission:

• for citizens from 2 to 5 thousand rubles;
• for officials and individual entrepreneurs from 20 to 50 thousand rubles;
• for legal entities from 0.5 to 1 million rubles.

Actions of the court when resolving the issue of unauthorized construction

The Plenum of the Supreme Court of the Russian Federation explains that if an individual is unable to provide a construction permit, this cannot become a basis for the court to deny the right to this construction.

During the consideration of the claim, the court finds out whether the developer tried to take actions in order to recognize the building as legal. To do this, an individual had to submit an application to the state bodies authorized to make such a decision. If such an appeal was made, the court finds out what answer was given and what rules of law the state body referred to. If only the refusal of the government agency became the basis for non-registration of the structure, then the court satisfies the statement of claim.

To avoid penalties and other sanctions after the construction of an unapproved property, you should seek advice from the lawyers of the Pravoved.ru service by calling or asking a question using the electronic form posted on the website.