СУДЕБНАЯ ЗЕМЛЕУСТРОИТЕЛЬНАЯ ЭКСПЕРТИЗА В ОТНОШЕНИИ ЗДАНИЯ, САМОВОЛЬНО РЕКОНСТРУИРОВАННОГО В КОНТУРЕ ОТДЕЛЬНОГО ПОМЕЩЕНИЯ

Abstract

In practice, in the courts, the question often arises about the need for a geodetic expert evidence in relation to buildings, unauthorized reconstruction of which was carried out in the contour of separate premises. On the one hand, the legislation indicates the need for such expert evidence, and on the other hand, the right holders of such a premises are perplexed why they should investigate the entire capital facilities if they have changed the parameters of only one premise. The article explains why such expert evidence is necessary. The unauthorized reconstruction in the contour of an individual residential building, as a result of which new rights objects are formed (residential or apartment buildings), also deserves special attention. This exceptional case is described in the article. In addition, the article describes technical aspects of the state cadastral registration of reconstructed buildings in the contour of individual rooms, and proposes a classification of reconstruction for these purposes. The authors propose a distinction between the cadastral registration of the formed and the changed object, the state cadastral registration of which is carried out as a result of reconstruction. Also, the article presents the author's algorithm for conducting geodetic expert evidence in relation to unauthorized reconstruction of a building, the room in which changed the outline of the building itself.