Legal consequences of unauthorized construction

Recently, residents of Lepel town and Lepel district have been actively engaged in the construction and reconstruction of residential buildings and outbuildings, equipping them with centralized heating, water supply, sewerage, and centralized gas supply.

Recently, residents of Lepel town and Lepel district have been actively engaged in the construction and reconstruction of residential buildings and outbuildings, equipping them with centralized heating, water supply, sewerage, and centralized gas supply. The desire to improve one's home and create decent modern living conditions for oneself and loved ones is inherent in almost everyone. However, when pursuing construction plans, one can unintentionally find themselves in an unpleasant situation that not only causes a lot of trouble but also leads to significant financial expenses.

One of the main violations that a developer most often encounters is unauthorised construction.

According to Article 223 of the Civil Code of the Republic of Belarus, unauthorised construction is understood as the activity of a person to create or alter real estate through the construction, reconstruction (extension, addition, rebuilding) of a capital structure (building, facility), if it is carried out:
1) on a self-occupied land plot;
2) on a land plot used not for its intended purpose or provided by a state body not authorised to make the relevant decision, and (or) without an auction when the provision of a land plot is possible only based on auction results, and (or) provided in violation of the established order of land plot provision, and (or) without prior approval of the land plot location, if its approval is required by law;
3) without obtaining the necessary permits for construction, reconstruction, or without design documentation in cases where its preparation is required by law, or with significant violations of urban planning and construction norms and rules, unless otherwise established by the President of the Republic of Belarus.

As previously stipulated by law, a person who has carried out unauthorized construction does not acquire ownership rights to it – they are not entitled to use or dispose of the structure – to sell, gift, or lease it, or to enter into other transactions. The same rule applies to a person who is a lawful acquirer (having purchased, received as a gift, leased on a lawful basis, etc.). Unauthorized construction must be immediately suspended.

Violations that fall under the definition of "unauthorized construction," as well as the legal consequences of unauthorized construction and refusal to rectify it, are presented in Table 1.

In accordance with Article 21.12 of the Code of the Republic of Belarus on Administrative Offences, unauthorized construction entails a fine ranging from twenty to fifty base units, for an individual entrepreneur – from twenty to one hundred base units, and for a legal entity – up to five hundred base units.
For any construction, it is primarily necessary to have a land plot registered in the prescribed manner. The right to the land plot must be confirmed by a certificate of state registration for the land plot or a state deed for the land plot. Construction on a land plot that has not undergone state registration is prohibited. An unauthorized structure in this case is subject to demolition.

If the developer has legal documents for the land plot drawn up in accordance with current legislation, they cannot rely on the principle of "the land is mine: I build as I please," which often happens. The placement of structures on the allocated land plot is regulated by various normative acts. In doing so, urban planning, construction, fire safety, sanitary, and other norms are taken into account. The developer themselves cannot fully understand and account for all the nuances. A structure erected with significant violations of urban planning and construction norms and rules is subject to demolition.

To determine the possibility of placing a particular structure, the owner of the land plot must apply to the local executive and administrative body for a permit for design and construction. This permit is issued to the applicant free of charge.

After obtaining permission from the local executive and administrative body, the developer applies to a design organization, which will prepare the design documentation on a paid basis and approve it in the manner prescribed by law. It is the project that will provide for the placement of the building in accordance with the developer's wishes and the requirements of urban planning and construction codes and regulations.

Construction can only commence with a building permit and design documentation approved in the prescribed manner.

If, during the construction process, the developer decides to make changes to their building, these changes must first be corrected in the permit and design documentation, determining the feasibility of these changes in accordance with the requirements of the legislation. It will be necessary to go back to the designer, as with significant deviations from the developed project, the building will acquire the status of an unauthorized construction.

If it so happens that the plot owner has erected an unauthorized construction without permit and design documentation, the legislation provides for a procedure for its legalization. In accordance with the Regulation on the procedure for making decisions on unauthorized constructions, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated 22.12.2007 No. 1802, a standing commission will, upon application from the developer, conduct an inspection of the unauthorized construction.

During the inspection of an unauthorized construction, the commission pays attention to its location in relation to other structures, its technical and aesthetic condition, and the condition of the heating, electricity, water supply, and sewerage systems.

Based on the commission's findings, a conclusion is issued on the possibility of preserving the unauthorized construction, and in case of significant violations of urban planning and construction codes and regulations, the unauthorized construction is subject to demolition. Based on the commission's conclusion, the local executive committee makes a decision either to permit the registration of the construction or to set deadlines within which the unauthorized construction must be demolished.

Regardless of the local executive committee's decision on demolition or preservation of the unauthorized construction, the person who carried out the unauthorized construction shall be held administratively liable under Article 21.12 of the Code of Administrative Offences of the Republic of Belarus.

Department of Architecture and Construction
Lepel District Executive Committee

Table 1

* - Demolition of an unauthorized construction shall be performed by the person who carried out the unauthorized construction, or by the lawful acquirer, or at the expense of such persons.

** - Recourse to court within the time limits specified in the decision shall suspend the execution of the decision.