In Armenia, issues related to real estate have always been a matter of public interest. Illegal or unauthorized constructions (hereinafter referred to as “unauthorized structures/buildings”) and property disputes can have serious consequences not only for individuals but also for communities and the state. The laws establish clear rules on how such violations should be prevented and how already existing disputes should be resolved.
1. What Is Considered Illegal Construction
An illegal or unauthorized construction is any structure built:
- Without a construction permit,
- In violation of the permitted land use purpose,
- With significant breaches of design and safety requirements.
For example, if a person builds an additional room or structure in their yard without permission and the necessary documents, it is considered an unauthorized construction.
2. Which Authorities Are Responsible
In Armenia, the regulation of illegal construction and property disputes falls under the responsibility of the following bodies:
- Community authorities (city halls or municipal offices) – issue construction permits and monitor their compliance.
- Cadastre Committee – ensures state registration of real estate.
- Courts – review property disputes and determine ownership rights.
- Law enforcement bodies – intervene if illegal construction endangers people’s lives or has been carried out through corruption.
3. How Illegal Construction Is Regulated
- Detection – if the community discovers that construction has been carried out without a permit, the builder is officially notified.
- Administrative liability – fines are imposed, and an order may be issued to stop the construction or demolish the structure.
- Legalization – in certain cases, the structure may later be legalized by submitting design documents and paying fines. However, this is not applicable in all situations.
- Demolition – if the building is dangerous or does not meet legalization requirements, it is subject to demolition.
4. Resolution of Property Disputes
Property disputes mainly concern ownership rights. They may arise between neighbors, heirs, or between the state and citizens.
These disputes are resolved in the following ways:
- In civil courts – the parties present their arguments and evidence, and the court determines who owns the property.
- Through mediation – the parties may attempt to reach an agreement without lengthy court proceedings.
- Cadastre registration – if one of the parties has not registered their rights, the property can be recorded in the state register either by court decision or mutual agreement.
5. Acquisition by Prescription
The Civil Code of Armenia provides that if a person has openly and continuously possessed property for 10 years without claims from the actual owner, they may be recognized as the owner by court decision.
However, this rule does not apply to unauthorized constructions. If a building has been erected without a permit, ownership cannot be acquired through prescription.
6. Criminal Liability
Illegal construction is usually considered an administrative offense. However, if it poses a danger to human life or health (for example, an apartment building at risk of collapse) or is connected with corruption, it may also result in criminal liability.
7. What to Do If You Have Such an Issue
- Collect all documents—ownership certificates, contracts, design papers.
- Apply to the municipality or city hall to clarify the status of the construction.
- If there are already administrative acts (fines, demolition orders), they can be appealed in court.
- Consult an experienced lawyer, as property disputes require professional expertise.
- If possible, try to resolve the issue through mutual agreement before going to court.
Conclusion
In Armenia, illegal construction and property disputes are regulated through clearly defined legal procedures. LSA Law Firm can provide assistance in addressing issues related to illegal construction and property disputes by offering:
- Appeals of administrative acts and court representation,
- Legal consultation on property disputes,
- Verification and protection of documents and rights,
- Support in organizing legalization processes.
Thus, LSA helps clients protect their rights and resolve disputes quickly and safely. Construction should always be carried out with proper permits, and property disputes should be resolved either in court or through mutual agreement. State registration of property is a crucial step in safeguarding ownership rights.
