Unauthorized construction by a neighbor: where to complain, responsibility

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How to file a complaint about squatter construction

Current legislation does not provide for a special form for filing a complaint.

However, the generally accepted rules for drawing up legal documents for various authorities suggest that the following points should be included in the text of the document:

• the name of the body to which the complaint or statement of claim is sent, indicating the name of the locality, street name and building number of its location;
• last name, first name, patronymic of the applicant, his place of residence, means of communication in the form of a telephone number or email address. If the complaint is collective, it must indicate the data of all citizens who apply with this document;
• the name of the document is “Complaint” - when sent to the administration or the Prosecutor’s Office, “Statement” - when contacting the Police, “Statement of Claim” - when submitting documents to the court;
• information about the nature of the illegal construction, detailed information, as far as possible, about the developer;
• what rights of the applicant or applicants the developer violates, how this is specifically expressed;
• legal grounds for handling a specific type of document;
• the essence of the request and what measures, in the opinion of the initiator of the request, should be taken towards the developer. Namely - suspension of construction, demolition of what was built or settlement of the situation in another way;
• the date, month and year of the document, the signature of the initiator of the application, his surname and initials.

The list of these items is not exhaustive, and in each specific case it can be shortened, supplemented or changed. The document is drawn up in several copies and can be simultaneously sent to various authorities.

Important! When submitting a document in person, the applicant's copy should be marked with a note indicating the acceptance of the document, indicating the registration date and registration number in the appropriate journal or accounting book.

As practice shows, collective appeals from citizens have a greater effect. Moreover, the more citizens sign the complaint, the more effectively the issue of illegal construction will be resolved.

Which authorities can you contact in case of illegal construction of neighbors?

In this matter, it is important to send a complaint to the appropriate department, then it will have the desired effect. It is necessary to take into account the capabilities and type of activity that are endowed by certain government agencies before answering the question - where to complain about illegal construction. It can be:

1. Local government bodies
   – district administrations, administrative district councils, and other bodies exercising municipal control.
2. The prosecutor's office of a city or region
   - employees are also authorized to initiate cases for violations of articles of the Code of Administrative Offenses.
3. Gosstroynadzor
   is also authorized to inspect illegal buildings. This organization is most effective in cases where there is illegal construction by neighbors.
4. Rosreestr
   - its territorial divisions are involved in monitoring land areas at the Federal level, and are authorized to hold violators of the land code accountable.

Before directly filing a complaint, it is required to document the violation - take a photo or video of the illegal structure.

Where can I file a complaint about an illegal building?

The construction of buildings and structures with a housing or industrial permit must be carried out in the presence of all permits. If this rule is violated, the developer is subject to legal liability. It should be borne in mind that both an individual and a legal entity can act as a developer.

Attention! To bring to legal responsibility a citizen who carries out individual construction of an individual residential building or outbuildings, there are several methods of influence:

• an oral or written complaint is submitted to the local administration or self-government body, which issues a construction permit;
• a written complaint is sent to the Prosecutor's Office, which monitors compliance with the law in its jurisdiction;
• a statement of claim is submitted to the court demanding a ban on further construction, with the obligation of the developer to demolish the constructed building or structure at his own expense, or to demolish the constructed one with reimbursement of expenses at the expense of the developer himself.

Any of these methods will result in mandatory civil or criminal proceedings. In case of serious violations of building codes, the developer may be held criminally liable under Article 159 of the Criminal Code of the Russian Federation.

Moreover, if the actions of the developer fall under part one of this article, the investigation will be carried out by the inquiry body. If the actions of the developer are qualified under Part 2 or 3 of Article 159 of the Criminal Code, the criminal case will be investigated by an investigator.

Question answer

Question: Two years ago I bought an apartment in a new building in Sochi with a sea view. The purchase was very expensive. But when I arrived this summer, I discovered that another building was being built next to my house (there will be a hotel). At the moment, 3 floors have been removed, and the workers say that there will be 10. I consider this construction to be illegal, since my view of the sea will be blocked, because of which I significantly overpaid when purchasing. Where should I go?

Answer: If the whole point is that the new building will block the view from the window, then we are hardly talking about a violation of the law. If the building is located at the optimal distance, and the contractor has received all the necessary documents, then the maximum that can be done in this situation is to obtain partial compensation from your developer (in fact, such apartments were more expensive, but now their value has decreased). Similar situations often arise in resort towns when the embankment is gradually being built up. But, if there are doubts that the object is being built in violation of current standards, it is better to contact the municipal authority.

Question: A store appeared on public land. Most likely, the owner did not receive the necessary documents for its construction. The store is not listed anywhere, it is impossible to find the owner, the sellers brush it off and do not want to make contact. What to do to demolish a building?

Answer: If the land is truly public, then in fact you can demolish this object yourself. If you act within the legal framework, then first you should contact your local police officer so that he can record the fact of constructing a property on a public plot. With this document, you can contact the Prosecutor's Office with a request to identify the owner and demolish the building.

Question: How can I sue a developer and force him to demolish what he managed to build if it is unknown where he is registered or lives?

Answer: According to Art. 29 of the Code of Administrative Offenses, if it is not possible to establish the defendant’s place of residence, the plaintiff may go to court at the last known address of his residence or at the location of the disputed real estate.

What is illegal construction?

In order to determine whether construction is being carried out in violation of the law or without the appropriate permit, you should be guided by the following parameters:

• erection of a building, structure or structure on a land plot that is not intended for these purposes;
• the developer lacks the necessary permits;
• violation of established standards for the construction of buildings or structures;
• construction on a site that does not belong to or is not allocated to the developer;
• carrying out construction work after receiving a construction ban.

What does not apply to self-construction

When raising the issue of illegal construction, you should know that a number of buildings being erected do not require obtaining permits.

These include:

• construction of auxiliary structures that do not have a permanent foundation;
• a car or tractor garage built on agricultural land, if it does not represent a commercial activity;
• various superstructures, canopies and other structures that are erected during the reconstruction of the building;
• a structure that does not affect the foundation or load-bearing walls of the main building.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Unauthorized construction is an offense

Illegal construction is an offense that consists of violating the norms of land legislation regulating the provision of a land plot for construction, or urban planning norms regulating design and construction (Determination of the Constitutional Court of the Russian Federation dated January 28, 2016 No. 143-O; Determination of the Constitutional Court of the Russian Federation dated March 28. 2017 No. 609-O).

Actions to erect an unauthorized structure are guilty if it is established that the structure meets at least one condition for recognizing it as unauthorized.

Carrying out illegal construction is a guilty act, evidence of the commission of which is the establishment of at least one of the conditions listed in paragraph 1 of Art. 222 of the Civil Code of the Russian Federation (Determination of the Constitutional Court of the Russian Federation dated July 3, 2007 No. 595-O-P).

Conditions under which self-building can be legalized

The law provides that an individual residential building or other building may be legalized.

However, to do this, the following requirements must be met:

• the land plot must belong to the developer and be confirmed by documents of ownership indicating the cadastral number and the agreed plan. In case of privatization of a land plot, the relevant documents must be available;
• the building, structure, or other structure being erected must not violate the legal rights and interests of the owners of neighboring plots, structures, as well as, if necessary, other individuals or legal entities. Partial or complete encroachment of the adjacent area is not allowed. Sanitary standards for distances between the structure being erected and the previously built one must be observed. In this case, free access to the neighboring house must be ensured, the existing road must not be blocked;
• new construction should not pose a threat to the life and health of others. However, only a special commission created from representatives of the sanitary and epidemiological station, the Ministry of Emergency Situations and other services can confirm or refute this statement;
• building codes must be followed. Their compliance is certified by the architectural and construction inspection or other relevant government body.

Watch the video. Unauthorized construction:

Current rules for the construction of construction projects on rented area

There are often cases when a person leases a plot of land and builds structures on it without permission from government officials and the district administration.
Subsequently, such a tenant receives a refusal to accept the structure for operation from government organizations. Since this person is not the legal owner of the land, but only rents it. But in existing judicial practice there are cases when the right of ownership is still assigned to an unlucky tenant of the land. This is possible if certain conditions are met:

1. It is necessary to have the right to use the site, this can be a lease agreement, perpetual possession, etc.
2. The tenant must obtain permission for the construction and commissioning of “self-construction” from government agencies.
3. The building under construction should not pose a threat to surrounding people.
4. Strict compliance with construction standards and regulations is required.

It is important to understand that such “self-construction” cannot be inherited, since it is illegal. To transfer or donate, the tenant is obliged to legitimize it in accordance with the existing procedure.

Civil liability

The basis for bringing the developer to civil liability is paragraph 3 of Article 25 of the Federal Law “On Architectural Activities”. This norm obliges the developer to coordinate the construction and issue all the necessary permits for it.

If these requirements are violated, a citizen who has unauthorizedly built a house on a plot of land is obliged to restore it to its original form, and demolish all illegally erected buildings at his own expense.

It should be borne in mind that it is impossible to administratively oblige an unauthorized developer to demolish buildings. A corresponding court decision is required.

Let's file a lawsuit

If the problem has not been resolved, then citizens have the right to file a statement of claim in court. When filling it out yourself, various kinds of questions may arise, so you can take help from human rights activists. They will competently draw up an application taking into account all current rules and regulations.

The court will make a decision taking into account the evidence presented and current standards in the field of construction, so collect all the necessary certificates in advance (cadastral passport or land surveying scheme).

Administrative responsibility

The current Code of Administrative Offenses provides for specific standards for violation by the developer of the Federal Law “On Violation of Requirements in the Construction of Buildings and Structures.”

For construction without obtaining the appropriate permit, a fine is imposed, which is provided for by the sanction of Article Art. 9.5 Code of Administrative Offenses of the Russian Federation.

Thus, paragraph 1 provides:

• for individuals – from 2000 to 5000 rubles;
• officials of a legal entity and individual entrepreneur - from 20,000 to 50,000 rubles;
• legal entities – from 500,000 to 1,000,000 rubles.