The DRI Moscow: the arguments of the owners of unauthorized construction on the property rights of the insolvent

The DRI Moscow: the arguments of the owners of unauthorized construction on the property rights of the insolvent


MOSCOW, February 10. The arguments that the owners of objects of unauthorized construction in Moscow allegedly registered property rights, completely untenable. This was reported the Deputy head of the Department of city property Angela Gdlyan.

“According to paragraph 2 of article 222 of the Civil code, as well as the repeated clarification of the Supreme court, the entry in the unified state register is not proof of legitimacy of acquisition of the property and does not preclude the claim on the demolition of unauthorized structures,” she said.

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“We should not forget that during the construction period of such facilities (the middle-the end 1990-ies) the normative acts provided for the possibility of registration of rights to non-capital facilities as on capital. Many took it, but after changing the regulatory framework for some reason were not designed to bring law into conformity with Federal legislation”, – said Gdlyan.

According to her, prior to the adoption of amendments to the Civil code of the town led to unauthorized construction in court, “last summer in the interest of the citizens procedure was simplified, and now to remove the danger of judicial decisions is not required.”

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“During the process, as a rule, were not carried out judicial construction and technical expertise, and the basis for refusal in satisfaction of requirements has always been a pass of the Statute of limitations, because the vast majority of unauthorized objects originating from the 90s. And since we’re talking about a new administrative mechanism of demolition of unauthorized construction, the courts’ failure to consider the claims of the city on procedural grounds, illegal construction not protected,” said Gdlyan.

She noted that the demolition of unauthorized constructions in Moscow, which began February 9, is made in the interests of the residents of the city and is fully consistent with the law. “Without exception, all of the dismantled objects illegally built in areas of high risk. They violated the norms of technical operation of engineering networks and posed a real threat to citizens”, – said Gdlyan.