01.09.2015 the Federal Law of 13.07.2015 entered into force. No. 258-FZ “On Amendments to Article 222 of Part One of the Civil Code of the Russian Federation and the Federal Law” On the Enactment of Part One of the Civil Code of the Russian Federation “, which regulates new conditions for registration of unauthorized construction. One of the conditions is that a person has rights to a land plot, allowing the construction of this object on it. Also, on the day of going to court, the building must meet the parameters established by the documentation for the planning of the territory, the rules of land use and development, etc.
Preservation of the building should not violate the rights and legally protected interests of others and pose a threat to the life and health of citizens. This requirement still applies today.
As now, it will be possible to recognize the ownership of such a building for the person who has the land plot:
– owned;
– lifetime inherited possession;
– permanent (unlimited) use.
In some cases, the lessee of a land plot may apply for recognition of this right.
If all the above requirements are met, the right of ownership to an unauthorized building can be recognized by a court (in a different manner prescribed by law, if provided by law).
In practice, some of these conditions have already been taken into account when considering the relevant claims. For example, the courts established whether significant violations of town planning and building codes and regulations were committed during the erection of an unauthorized building. It can be assumed that this practice was taken into account when developing the above provisions.