Article explains the standards of the legislation providing responsibility of legal entities and individuals for violations in the sphere of land management and construction. Definition of autocratic construction is made, requirements of the legislation of Ukraine for lawful construction are explained.
Existing standards of the legislation provide responsibility of physical and legal entities in land management and construction branches for autocratic construction and autocratic occupation of the land lots
Existing standards of the legislation provide responsibility of physical and legal entities in land management and construction branches for autocratic construction and autocratic occupation of the land lots.
Article 376 of the Civil code of Ukraine (group of companies) makes the following definition of autocratic construction:
1. The house, a building, a construction, other fast estate are considered as autocratic construction if they are constructed or are under construction on the land lot which wasn’t taken away for this purpose, or without appropriate permission or properly approved project, or with essential violations of construction norms and rules;
2. The person who carried out or carries out autocratic construction of fast estate, doesn’t get an ownership right on it;
3. The ownership right on autocratically constructed fast estate by a court decision can be recognized behind the person which has carried out autocratic construction on the land lot which wasn’t allocated for it for this purpose, under condition of granting to the person of the land lot in accordance with the established procedure under already constructed fast estate;
4. If the owner (user) of the land lot objects to ownership right recognition on fast estate behind the person, carried out (carrying out) autocratic construction on its land lot or if it breaks the rights of other persons, the property is subject to demolition by the person, carried out (carrying out) autocratic construction, or at his expense;
5. On request of the owner (user) of the land lot the court can recognize behind it an ownership right on the fast estate which has been autocratically constructed on it if it doesn’t break the right of other persons;
6. The person which has carried out autocratic construction, has the right to compensation of expenses for construction if the ownership right on fast estate is recognized for the owner (user) of the land lot on whom it is placed;
7. In case of an essential deviation from the project that contradicts public concerns or breaks the rights of other persons, essential violation of construction norms and ruled court in the claim of appropriate body of the government or local government body can make the decision, having obliged carried-out (carrying-out) construction the person, to make the corresponding reorganization. If such reorganization is impossible or the person which has carried out (carrying-out) construction, refuses its carrying out, such fast estate by a court decision is subject to demolition at the expense of the person which has carried out (carrying out) construction.
In order that construction wasn’t autocratic, it is necessary to observe the following requirements: the land lot should be taken away for construction of a house, a structure, a construction or other fast estate; permission to building or properly approved project should be properly issued; that when building there were no serious violations of construction norms and rules.
In article 125 of the Land code (ZK) it is fixed that the ownership right or the right of continuous using the land lot arises after receiving by his owner or the user of the document which certifies an ownership right or the right of continuous using the land lot, and its state registration, and the right of rent of the land lot arises after the conclusion of the lease contract and its state registration. The requirement of the legislator concerning the moment of emergence of a right to use the land lot is obligatory: to start use of the land lot before establishment of its borders in nature (on the district), obtaining the document which certifies the right to it, and the state registration is forbidden.
Autocratic construction objects which are in process of construction admit as already constructed objects of fast estate on the land lot, and.
For the person who made autocratic construction, there come negative consequences in the form of a duty of demolition of the constructed property independently, or demolition not the person, but at his expense. It takes place, when the owner (user) of the land lot objects to ownership right recognition behind the person who carried out autocratic construction. Remained at demolition of a house of a structure or a construction materials remain in a property of the person which has carried out autocratic construction.
The owner (user) of the land lot can demand, that the ownership right on autocratically constructed fast estate was recognized behind it. In that case the decision on transition of an ownership right accepts court under a condition if it doesn’t break the right of other persons. At adoption of such decision the law leaves behind the person which has carried out autocratic construction, the right to compensation to it costs of construction. These expenses are compensated by the owner (user) of the land lot for whom the ownership right on the constructed fast estate is recognized.
In the claim of appropriate body of the government or local government body the court can make the decision on carrying out reorganization of the fast estate constructed with an essential deviation from the project, contradicting public concerns or breaking the rights of other persons, serious violation of construction norms and rules. The court can make the decision on demolition of fast estate in a case when the person, it constructed, refuses carrying out such reorganization or when such reorganization is impossible. Demolition is carried out at the expense of the guilty person who, besides, compensates costs of reduction of the land lot in an initial condition.
According to article 197 of the Criminal code of Ukraine (UKU), autocratic occupation of the land lot to which considerable harm to his legal owner is done, is imposed by a penalty from 200 to 300 not taxable minima of the income of citizens (nmdg) or arrest for the term up to six months.
Autocratic occupation of the land lot by the person which is earlier judged for a crime, provided by this article, or a group of persons, or rather land lots of especially valuable lands, lands in conservation zones, zones of sanitary protection, sanitarno – conservation zones, or particular treatment zones use of lands is punished by freedom restriction for the term from two till four years or imprisonment for the term up to two years.
Autocratic construction of buildings or constructions on autocratically busy land lot noted regarding 1 this article, is punished by a penalty at the rate from 300 to 500 nmdg, or freedom restriction for the term up to three years.
Autocratic construction of buildings or constructions on autocratically busy land lot noted regarding 2 these articles, or made by the person which is earlier judged for the same crime or a crime, provided by a part 3 of this article, is punished by imprisonment for the term from one till three years.
For receiving in a property or rent of the land lot you should receive certain title documentation. It can be the contract of purchase and sale of the land lot, the state act on an ownership right or continuous using the land lot, the decision of village, settlement, regional or city council on transfer to a property, rent or continuous using of the land lot, coordination of competent state authorities, acts of placement of mezhevy signs etc. Therefore, after acquisition of the land lot under the contract of purchase and sale, donation or other transaction and at desire to receive in a property or rent the land lot belonging to local government bodies, it is necessary to address in village, settlement, regional or city council where will explain an order and conditions of registration of necessary documentation.
Concepts and conditions of obtaining the construction license as main document for implementation of construction are defined by the Law of Ukraine About planning and building of territories.
I.Andreychuk, expert of 1 category of the Sudaksky municipal government of justice.