On some problems of the legal regime of unauthorized construction objects

Abstract

In real socio-economic conditions, unauthorized construction is a phenomenon quite common in contemporary society. Construction remains the main type of land use and planning of the populated areas, especially in the prevailing conditions, when every year the population in large cities of Russia is growing, which leads to a steady expansion of borders and an increase in the area occupied by cities. At the same time, in the absence of a clear, proper urban planning, and the development of urban and rural settlements, the number of buildings being built illegally will increase. In order to prevent the growth of the number of such construction projects, there is a clear legal framework that regulates the concept and consequences of unauthorized actions to create or change real estate objects. When carrying out repairs, modernization, reconstruction, or construction of real estate objects, certain conditions and approvals are required; otherwise, the building can be recognized as unauthorized and become subjected to further liquidation. In order to reduce the practice of unauthorized construction and reduce corruption risks, it is necessary to toughen the interpretation of the concept of unauthorized construction and through the introduction of an unambiguous civil law regulation, especially in the conditions of securing ownership over the objects of such origin.

Theoretical and practical aspects of unauthorized construction: the matter of legalization and demolition

“…More recently, the matter of unauthorized constructions has drawn attention of many scientists. And working on the subject, there have been taken into account field-specific studies on the unauthorized constructions [1][2][3][4][5][6][7][8]. However, the special work, which deals comprehensively with the problems of unauthorized construction, namely, the recognition of the right of ownership thereof from a theoretical, methodological and practical standpoint, taking into account all its features, the application of the consequences of the impossibility to legalize it in the form of dismantling, to date, has not occurred.…”