Konstantin Boytsov has commented for Novy Prospect on the current position of the Russian Supreme Court regarding unauthorised constructions

According to the Civil Code of the Russian Federation, buildings and structures erected without necessary permits or in non-compliance with established norms are recognised as unauthorised. In 2015, officials were given the right to decide on the destruction of real estate in an administrative procedure. Having analysed the emerging practice, the Supreme Court of the Russian Federation stated that the state registration of the title to the property does not exclude the recognition of it as an unauthorised construction. With regard to the objects of individual housing construction, the position of the Supreme Court is radically different. In particular, unauthorised constructions of cottages that were constructed without proper documentation but in compliance with the regulations cannot be considered as unauthorised constructions.

“Demolition of unauthorized constructions, the rights for which have been registered in the Unified State Real Estate Register, is a forced necessity – the result of imperfection of state registration of rights. For the most part, they took place during transitional periods of changes in the competence of authorized bodies,” Konstantin Boytsov, Head of Real estate & construction practice at Maxima Legal, explained to Novy Prospect online edition.

Analyzing the conclusions of the Supreme Court of the Russian Federation in respect of residential property, the expert stressed that they are unlikely to significantly change the practice. According to Konstantin, if the permissible permitted use of a land plot did not provide for the possibility of locating a residential property, it may be recognised as unauthorised construction.

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