Unauthorized construction object. What to do about it?
Affiliate material. If we describe the concept of unauthorized construction in simple language, then these include those objects that were erected on land plots that are not provided for these purposes in the appropriate order, or are located in zones of special use.
Also, objects of unauthorized construction include an object purchased by you that has undergone changes, or objects in which You yourself made changes that were not coordinated with the relevant authorities: extensions, superstructures, changes in the internal space. All such objects will be considered illegal, that is, unauthorizedly built.
There are several common scenarios in which a construction object can be recognized as an arbitrary construction. For example, if the site was leased and there is no right to build a new facility or renovate an old one.
Or in the case of using the land plot not in accordance with the type of permitted use. Another option could be a situation when a building permit was obtained, but the facility was not put into operation.
For the owner of an unauthorized construction object, there are a number of encumbrances: the inability to sell the object, as well as to lease it.
If your object has been recognized as an unauthorized construction for any reason, then it is necessary to act correctly in this situation in order to preserve the construction object and prevent its dismantling. In this situation, there are prerequisites in order to keep the object within the framework of the current legislation:
- the facility must be built in accordance with all urban planning, construction, fire, sanitary standards,
- the object to be preserved must not pose a threat to the life and health of citizens.
In order for the court to make a decision on the preservation of the unauthorized object, it is necessary to provide an expert opinion.
Therefore, the court appoints a judicial construction and technical examination, which puts before the expertsa number of questions:
- have the technical parameters of the facility been changed (construction volume, building area, number of storeys, etc.)?
If there were changes in the object, were they achieved due to reconstruction or construction of a new building object?
- is the object recognized as capital?
- Does the facility comply with the current norms and rules: urban planning, fire, sanitary?
- is there a threat to life for other citizens?
- can the object be restored to its original state?
Competent expertise https://rekro.ru can draw up a professional expert assessment, as well as help in further actions to preserve the construction site.