Construction and Legalization of an Unauthorized Construction as Ways to Form Buildings, Structures

Abstract

The paper analyzes such methods of formation of buildings, structures, as the construction and legalization of unauthorized construction. Construction as a way of forming buildings and structures is regulated by the norms of urban planning legislation. These norms establish three methods (procedures) of construction: permissive, under notification and simplified. The legal significance of the above classification of construction methods lies in the fact that each of them sets different requirements for the construction of buildings and structures as capital construction objects, and also defines its beginning and certifies completion in different ways. As the study showed, the permissive method is the only way of construction that obtained unambiguous legal regulation in the current urban planning legislation. The notification method of construction is similar to the permissive one, and the simplified method is an exception method that is established in relation to capital construction facilities of various levels of responsibility, as well as non–capital buildings and structures. It is proved that buildings and structures from the position of norms of urban planning legislation acquire the status of objects of completed construction not from the moment of obtaining permission for commissioning, as is commonly believed in the legal literature, but from the moment of the actual possibility of their operation in accordance with their functional purpose. This possibility can be verified in two ways: by obtaining a permit for commissioning or other document provided for by the current legislation of the Russian Federation; by starting the actual operation of the facility. The legalization of unauthorized construction is an exceptional way of forming objects such as buildings and structures that can be used under strict observance of certain conditions. Legalization of an unauthorized construction involves either the elimination of violations of the norms of urban planning and other legislation committed during construction, or the statement of the fact that such construction meets the established requirements. In both cases, the fact of the possibility of operating an unauthorized building in accordance with its functional purpose is confirmed in accordance with the established procedure.