Legitimation of unauthorized construction. What arguments will help in court?


Unauthorized construction is not always subject to demolition. Under certain conditions, the owner may assert the rights to the disputed property. How to convince the court?

The legislator introduced new amendments to art. 222 of the Civil Code, limiting the ability of the executive power to extrajudicially demolish objects of unauthorized construction. However, the risks of demolition for most owners of such facilities are still relevant.

The article considers the changes made in art. 222 of the Civil Code, the conditions established by the legislator, at the same time complying with which a person has the right to recognize the right of ownership to an unauthorized construction, and also show what circumstances need to be proved in court.

Author: Konovalov Evgeniy, junior associate in the dispute resolution practice of the International Law Firm INTEGRITES.

The article was published in the journal “Arbitration Practice for lawyers” №2, february 2019.

Link to the resource where the publication is located