Unauthorised construction

What is happening

A company added a storey or built a warehouse onto an existing building, intending to sort out the paperwork later. Now it needs a secured loan or wants to sell, and the register entry does not match what stands on the plot.

The local authority has sued for demolition or issued an out-of-court demolition decision. The deadline in the decision is already running, and the first task is to establish whether the procedure itself was lawful.

The building was put up long ago, the documents are lost and the former owner never obtained permits. The new owner wants to know whether title can be registered and what happens if the building is found to be unauthorised.

What the law says

• Article 222 of the Civil Code defines unauthorised construction and its consequences: the building is to be demolished or brought into compliance with the applicable requirements, or, under certain conditions, a court may recognise ownership of it.
• A court may recognise ownership of an unauthorised building if the person holds rights to the plot that permit such construction, the building meets the applicable parameters and requirements, and keeping it neither infringes others' rights nor endangers life and health.
• The Town Planning Code determines when building and commissioning permits are required and sets the procedure for demolishing unauthorised buildings, including, in a limited number of cases, by decision of a local authority without going to court.
• A local authority's demolition decision can be challenged in court; companies go to the commercial court, and the time limit under the Commercial Procedure Code (APK) is three months.
• The central evidence in these cases is a construction engineering report: compliance with building codes and fire safety requirements, and the absence of danger. Preparation for it should start before the case reaches court.
• The person who built an unauthorised structure may not dispose of it until title is recognised: it cannot be sold, let or mortgaged. Title is registered under Federal Law No. 218-FZ of 13 July 2015 "On State Registration of Real Estate" on the basis of commissioning documents or a court decision.

What we do

• We analyse the documents for the plot and the building, the building's actual parameters and the planning restrictions.
• We choose the route: obtaining missing permits, bringing the building into compliance, or recognition of title in court.
• We arrange a technical survey and specialist reports before court, so the strengths and weaknesses of the position are clear in advance.
• We prepare a claim for recognition of title or a defence to a demolition claim.
• We challenge local authority decisions on demolition or bringing a building into compliance.
• We represent you in court, frame questions for the court-appointed expert and take part in discussing the findings.

What we will need from you

• Documents for the land plot and a register extract showing its permitted use.
• Permits and design and technical documentation for the building, if any.
• Details of the actual parameters: floor area, number of storeys, distances from boundaries, connected utilities.
• Demands, orders and decisions of the local authority and inspection bodies.
• Information on mortgages, tenants and anyone else whose interests are affected by the building.