Regarding Unauthorized Construction

• 2023-03-07

According to a decision by the Yerevan Municipality, R.S. was held administratively liable under Article 154, Part 1 of the Administrative Offenses Code of the Republic of Armenia for conducting construction works to build a balcony with metal structures without authorization.
In the application to the court, it was stated that the above decision should be annulled, because according to Article 154, Part 1 of the Administrative Offenses Code, the violation could only occur if an individual had constructed a building or structure on a plot of land without authorization. However, in this case, the plaintiff had built a roof with metal structures on his own land, not a building or structure.
The court noted that a mandatory and essential characteristic of both primary and non-primary buildings is their connection to the land, meaning they must be constructed on the surface of the land. At the same time, it reasonably pointed out that the roof (or balcony) constructed by the plaintiff could not be considered a multi-apartment building or an attached structure to one.
After evaluating the evidence presented during the case review, the court concluded that the plaintiff's actions do not fall under the category of "construction of a building on a plot of land" nor "construction of a structure attached to a multi-apartment building" within the substantive scope of Article 154, Part 1 of the Administrative Offenses Code. Therefore, imposing administrative liability was not lawful.
Considering the above, the court granted the claim and annulled the decision made.

Note:
The decision of the Administrative Court of the Republic of Armenia in case No. VD/5534/05/20 has entered into legal force.