The law on legalizations changes, conditions for zones where construction of apartment buildings is planned

Amendments to the law on completing transitional property processes have also included the legalization of unauthorized constructions. For informal dwellings, fully built on land owned by another owner, in zones where plans foresee construction of more than 6 floors, new rules are set. The parties involved — the landowner, the building owner and the builder — will have the opportunity for an agreement.

In this case the ASHK (State Cadastre Agency) legalizes only the dwelling, while the land is not transferred to the possessor’s ownership. The draft stipulates that before legalization, the person who owns the building must deposit a notarized declaration, accepting that when the parcel is developed, the area to benefit in the new building will be determined by agreement with the landowner or investor. It further adds that in the notarial act they must accept the pact that if no agreement is reached, they will receive a residential area according to the norms for homeless families. But if they refuse to deposit the notarized declaration providing for this mechanism, the building is excluded from legalization.

According to the document, when the parcel is owned by third parties or is part of a construction permit and all three parties agree, everything is resolved and the ASHK respects their agreement. The ASHK has the right to verify on the ground whether the building actually exists if this is requested.

The document also regulates cases where the legalized building has no access to the public road — it will now have the right of passage over third-party property under the right of servitude.

One opportunity for the file to move faster toward legalization will be additional payment; the deadline in this case goes up to 30 days. This right is also granted to institutions.