Court practice overview on issues connected with unauthorized construction is approved

On March 19, 2014, the Presidium of the Supreme Court of the Russian Federation approved an overview of court practice on issues connected with unauthorized construction (hereinafter the “Overview”).

Some explanations given in the Overview duplicate the provisions of Decision No.10/22 of Plenum of the Supreme Court of the Russian Federation and Plenum of the Supreme Commercial Arbitration Court of the Russian Federation dated April 29, 2010 “On certain issues in court practice arising during settlement of disputes connected with protecting ownership title and proprietary rights.”  

Key provisions of the Overview are the following:

1. Acquisitive prescription cannot apply to an unauthorized construction built on an unlawfully occupied land plot;
2. Prohibition on execution of construction works as a measure for interim remedies on demolition of an unauthorized structure can be imposed by a court in respect to the defendant or other persons actually executing construction works at the site in dispute;
3. The law does not provide a possibility to recognize ownership title to a part of an unauthorized structure;
4. Imposition of an obligation to demolish the unauthorized structure is a sanction for violation of the law in form of the unauthorized construction. In this connection, such burden can be imposed on the person that committed the violation or at his expense only in the event the builder is culpable;
5. During consideration of cases connected with unauthorized construction, the courts must apply town-building and construction rules and regulations in the edition in effect during the period the unauthorized structure was erected;
6. During consideration of disputes connected with recognition of ownership title to an unauthorized structure, a court must, besides the evidence of the plaintiff’s ownership title to the land plot, also check the observance of its designated purpose;
7. Construction of new structures if there is an encumbrance of ownership title in form of prohibition of new construction is grounds for recognition of such structure as being unauthorized and subject to demolition.
8. In the event of construction of additional premises to the initial property, the owner’s title can be protected by recognizing such title to the whole item of property in the reconstructed form.

Overview of court practice on cases connected with unauthorized construction (approved by Presidium of the Supreme Court of the Russian Federation on March 19, 2014)

Additional notes

Should any questions arise in connection with the above or if you need any additional materials, please contact Elena Stepanova or Elena Egorova, Moscow Office of Capital Legal Services.

This Information letter keeps the clients of the Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this Information letter shall not be deemed as legal opinions.