Legalization of housing - How is the procedure done when there are claims? Within 30 days when there are development plans
The government aims to finally close the process of legalizing housing in cases where construction companies have exceeded the approved permit, cases where the owner of the company is no longer living, and cases where there are multiple claims to the same property.
The draft law submitted for public consultation “On the completion of the transitional processes of ownership” stipulates that in cases of buildings with violations of the construction permit, the approval of legalization is carried out for the building owners who have entered into contractual relations with the construction/investment entities. For those units for which no contract or agreement has been concluded, legalization will be carried out in the name of the construction/investment entity. In cases where the construction/investment entity has been legally terminated and has no real rights in the unit being legalized, then the unit is legalized in favor of the state. Also, the contractual obligations that the parties have between them do not terminate, and do not impede the legalization process.
While in cases of disputes between the parties (investor/builder entity with unit holders or land owners) regarding the rights over the individual unit, the legalization procedure will continue without determining the beneficiary entity, which will be determined after the conflict is resolved by the court.
According to the report, conflicts over the years between investor/builder entities and possessors have prevented the completion of the legalization procedures of individual units and the non-completion of the legalization procedures of its entire construction and the respective individual units. In this case, the ASHK will verify whether the facility meets the qualification criteria and the beneficiary will be determined after the filing of the final court decision that has resolved the civil conflict between the parties.
The draft law in question grants citizens the right to legalize housing within 30 days of submitting the request, in cases where there is a development/construction permit on the plot where the unauthorized construction is located. Like the owners of unauthorized construction, the entities must also pay an additional service fee that is paid in cases of request to develop the administrative legalization procedure in an accelerated manner, within 30 days from the moment of submitting the request of the entities to benefit from this procedure, which is mandatory regardless of whether the construction is legalized or not.
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