Unauthorized construction: how to legitimize "samostroy"

Today, not only specialized companies, but also many private persons are actively engaged in construction . Happy owners of land allotments actively erect various structures on their estates, completely without thinking about the legality of this type of construction. The problems arise somewhat later, when the owner of the "samostroya" suddenly decides to sell, donate or transfer his property by inheritance.

So, what is an unauthorized construction? The Civil Code of Russia gives a clear answer to the question posed. Unauthorized construction is any structure erected on a land plot on which the creation of such facilities is not provided by due legal norms. Also, unauthorized structures include any type of structures that have been carried out without obtaining a proper permit to carry out works or erected in violation of generally accepted building codes and regulations. A citizen who erected an unauthorized construction can not be considered its owner, and therefore has no right to dispose of this property. In other words, an unauthorized structure can not be sold, donated, inherited or leased.

And on this the troubles of the owner of "samostroya" do not end. According to the law, any self-built real estate object is subject to mandatory demolition, and demolish it at the expense of the owner. In addition, for the construction of unauthorized construction will have to pay an administrative fine. To avoid unnecessary material costs and not to have problems with the law, it is best to conduct all construction work on the site in accordance with legal regulations.

If the unauthorized construction exists, and the relevant documents are not available, then one way out is the legalization of the ill-fated "self-construction". How to legalize an unauthorized structure, and what steps need to be taken to do this?

The establishment of the right of ownership for unauthorized construction is carried out through the court. It is necessary to know that no court recognizes the property of a building that was erected on land not intended for such purposes. In other cases, you can compete for "samostroy".

The court has the right to legalize an unauthorized construction in cases where this building is located on a land plot that is issued by the plaintiff in the ownership or rented to them. The right to own an unauthorized construction located on land that does not belong to the plaintiff can be recognized by the court only if the person who completed the construction draws up all the necessary documents for the given land plot. The court will never recognize property rights in those unauthorized buildings that violate the legal rights of others or threaten the health or life of citizens.

In the process of legalizing unauthorized construction, you will have to face a multitude of various problems and questions, collect a heap of certificates and documents, and spend a lot of strength and material resources. And the outcome of the court session is unpredictable. Not the fact that the court will make a positive decision, and the unauthorized construction will be recognized as legal. That is why when building real estate, it is best to comply with all the conditions provided by law.

In order not to go to court to establish property rights in the future, it is first of all necessary to use only land of special purpose with the rights registered for it, to have all project documentation and construction permission, and also to strictly observe all established Building regulations and rules.