The Supreme Court clarified when unauthorized construction cannot be demolished without a court order and compensation.

      The Presidium of the Supreme Court of Russia, led by Igor Krasnov, has approved a review of judicial practice regarding disputes related to unauthorized construction. The document contains several key guidelines for lower courts and local authorities, reports the publication "Russian Gazette."

      One of the most important clarifications concerns extensions to apartment buildings. Local administrations do not have the authority to demolish such structures out of court — corresponding decisions are exclusively within the jurisdiction of the courts. At the same time, judicial instances are instructed to verify the justification for classifying the object as unauthorized construction at every stage of the case review.

      Furthermore, the Supreme Court indicated that the demolition of a building is unacceptable if the issue with the citizens living in that house has not been resolved beforehand. This rule is aimed at protecting the housing rights of people whose interests may be affected.

      A separate block of provisions concerns bona fide developers. The review provides a specific example: the owner of a house obtained all necessary permits, and the information about encumbrances was absent in the Unified State Register of Real Estate and the urban planning plan. However, it later turned out that the building is located near a gas pipeline. In such a case, as indicated by the Supreme Court of the Russian Federation, the object is subject to demolition, but the owner has the right to demand compensation.

      At the same time, the Supreme Court confirmed that not all objects can be legalized in principle. Construction on agricultural land with illegally changed categories is prohibited, as well as the erection of block construction houses on plots designated for gardening.

      An expert interviewed by the publication reminded of three conditions for recognizing ownership rights to unauthorized construction through the court: the presence of rights to the plot allowing for the construction of this object, compliance of the building with established requirements on the day of filing in court, and the absence of violations of the rights of third parties and threats to their life and health. At the same time, judicial legalization is an exceptional means of protection, applied only in the absence of signs of obvious bad faith behavior on the part of the plaintiff. If the developer merely simulated attempts to obtain permission, acting in violation of the law, the court has the right to refuse to satisfy the claim.