18.05.23

Advocates Bureau Yug successfully defended the owner of a land plot in Sochi in a dispute with the Sochi Administration on demolishing an unauthorized building.

Advocates Bureau Yug successfully defended the owner of a land plot in Sochi in a dispute with the Sochi Administration on demolishing an unauthorized building.

In 2019 our client, the owner of a land plot in the Khostinsky district of Sochi, planned to build a residential building. He sent three applications to the Sochi Administration about his intentions, but Sochi Administration refused all of them.

In 2020 – 2021 the client built a three-storey house on the land plot and registered the ownership right under

the "dacha amnesty" procedure. In 2022 the Sochi administration conducted an inspection and, upon establishing that the construction was not agreed upon, filed into the court demanding to demolish the house as it was an unauthorized construction. Since our client, as a member of the Russian sailing team, participated in international competitions at that time, he could not receive notifications from the court about the start of the proceedings.

The court considered the case in one hearing and delivered a judgment in absentia to satisfy the Sochi Administrations claim.

ABY filed an application to cancel the absentee decision with reference to the fact that our client was a legal owner of the house according to Part 12, Art. 70 of the Federal Law "On State Registration of Real Estate". We also pointed out that Sochi Administration provided no proof of an unauthorized construction as stated in Article 222 of the Civil Code of the Russian Federation. However, the first instance court considered our arguments not worthy.

We filed an appeal claim to the Krasnodar Regional Court against this decision. On 4 May 2023, the Court annulled the absentee decision and dismissed the Sochi Administrations claim.

ABYs partner Sergey Radchenko represented the client in the Krasnodar Regional Court.

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