An important review by the Supreme Court on unauthorized constructions has come out with unexpected conclusions. Some of them may force lawyers and developers to reconsider their usual approach to such disputes.
Let's start with the main point: if your structure was built before 1995 and does not violate building codes, it cannot be recognized as unauthorized. This effectively grants an "amnesty" to old buildings that previously could have been at risk of demolition. The Supreme Court also confirmed that the expiration of a land lease term in itself does not make constructions illegal if they comply with the intended purpose of the plot and building standards.
Of particular interest is the position on residential houses: if such a house is built on leased land for individual housing construction, a building permit is not required, even if the lease agreement says otherwise. This removes some of the bureaucratic burden from individual developers.
But not everything is so rosy. For example, buildings constructed on agricultural land that was illegally reclassified as residential land are still recognized as unauthorized and subject to demolition. Here, the Supreme Court clearly defined the boundary of what is permissible.
Another curious point relates to retaining structures. If a citizen builds them to protect their property from landslides, and local authorities are inactive, such structures are not recognized as unauthorized. This is an important signal for landowners in difficult geographical conditions.
The Supreme Court's review shows that the issue of unauthorized constructions now needs to be approached comprehensively. Not only the date of construction or the presence of permits are taken into account, but also circumstances such as the actions of authorities and the intended purpose of the plot. This document will become a handbook for lawyers working with real estate.
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