of January 31, 2003 No. ZR-510
About legal status of self-willedally built buildings, structures and self-willedally busy parcels of land
Accepted on December 26, 2002
This Law establishes the bases and procedure for recognition of the rights concerning self-willedally built buildings, and self-willedally busy parcels of land which are considered as the state-owned or municipal property, (provided) without observance of aloof requirements of the legislation.
Operation of this Law extends on the state body keeping the inventory of real estate, building, structure, including the constructions having degree of completeness of 50 and more percent and also on (provided) without observance of requirements aloof legislations self-willedally busy parcels of land which are considered as the state-owned or municipal property self-willedally built and considered till May 15, 2001.
The basic concepts used in this Law:
the building - the construction consisting from the bearing and closed designs, which is considered as the closed amount, provided for accommodation or temporary stay of people, implementation of public, production functions by them;
structure - consisting from the designs bearing, in certain cases also closed underground or land, volume, flat or linear constructions, provided for implementation of different public, production functions, movement of people, loads, energy carriers, water, information, for the defensive and other purposes;
buildings of residential appointment, structure including:
- the individual apartment house - built on the construction parcel of land, allocated with residential, subsidiary and utility conveniences, with the economic constructions;
- garden lodge (dacha) - the country house or structure built on the parcel of land in gardening array;
- the apartment apartment house - the structure having more than one apartment, non-residential premises and rooms public;
- the apartment - the certain room which is in the apartment apartment house consisting of residential and subsidiary parts allocated with utility conveniences;
- garage - the separate structure built on the parcel of land for the purpose of personal use for the parking of vehicles;
- the building, structure of public appointment - the building, structure provided for social, cultural, educational servicing of the population, for implementation of managerial or public functions;
the building, structure of production appointment - the building, structure provided for the organization of industrial, agricultural and other production;
self-willedally occupied parcel of land - self-willedally, including without proper legal registration, the parcel of land of the state-owned or municipal property occupied and used by citizens or legal entities;
(provided) without observance of requirements of the legislation aloof parcel of land - the parcel of land which is in ownership or use of citizens or legal entities, the decision of competent authorities on privatization, sale or provision of which does not conform to requirements of the legislation;
engineering and transport objects - highways, gas pipelines, conduits, rail lines, bridges, tunnels, pipeline systems of water supply or water removal, the power line, communication and other objects of industrial and transport infrastructure of republican value.
1. Concerning the citizens or legal entities of buildings who are considered by property, the structures having residential appointment, which are self-willedally built on personal, gardening plots, and also the parcels of land allocated for construction and servicing the property right of these persons is recognized.
2. The property right concerning the buildings and structures which are self-willedally built on 1 this Article established by part the parcels of land and also on the parcels of land of public or production appointment acquired on the property right, can be acknowledged if recognition of this right does not contradict town-planning regulations.
3. The property right of owners of the parcel of land concerning the buildings and structures provided for the organization of agricultural production, self-willedally built on the parcels of land of agricultural and other purpose privatized by citizens or legal entities can be acknowledged if:
a) they are not located in exclusion zones of engineering and transport objects or safety;
b) they do not contradict town-planning regulations;
h) it does not limit the rights of other persons.
4. The property right of owners of the parcel of land concerning the residential, public buildings and structures which are self-willedally built on the parcels of land specified in part 3 of this Article not having agricultural production purpose it can be acknowledged if they:
a) meet the conditions established by part 3 of this Article;
b) do not attract the servitude.
5. The property right concerning the buildings and structures which are self-willedally built by other persons on the parcels of land which are considered as property of citizens or legal entities is recognized with the consent of the owner of the parcel of land satisfaction cases to the conditions provided by parts 2, 3 and 4 these Articles, according to the procedure, established by the Civil code of the Republic of Armenia.
6. In 3 and 4 these Articles established by parts 2, cases the property right is recognized the head of municipality (the city of Yerevan - the mayor-governor), and concerning the parcels of land which are behind administrative borders of municipality and buildings and structures which are self-willedally built to them - based on the decision of the corresponding governor.
1. The property right of the builder concerning self-willedally built on the parcels of land of residential buildings and structures which are considered as the state-owned or municipal property can be acknowledged if they are in borders of settlements, are not built to stipulated in Clause 60 Land codes of the Republic of Armenia the parcels of land, and also in exclusion zones of engineering and transport objects or safety, do not limit the right of other persons, do not attract the servitude and do not contradict town-planning regulations.
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