Azerbaijan Says Homes Built Over Utility Lines Cannot Be Legalized

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AZE.US

Azerbaijani authorities have clarified which undocumented homes may eventually qualify for registration and which properties cannot be legalized.

A building is considered unauthorized if it was constructed on land not designated for development, built without the required permits or erected in violation of construction standards, Property Issues State Service chief Matin Eynullayev said.

Under Article 180.1 of Azerbaijan’s Civil Code, ownership rights do not automatically arise for an unauthorized building. A court may recognize ownership in limited circumstances when the land belongs to the applicant, provided the structure does not violate other people’s rights or create safety concerns.

Azerbaijan has nevertheless made significant progress in documenting older properties. More than 100,000 private homes have been registered over the past decade under decrees that gave legal standing to documents issued during the Soviet period and the early years of independence.

Another 55,000 apartments received ownership documents after the government simplified the commissioning of previously unauthorized apartment buildings.

A large part of the remaining problem concerns neighborhoods built on agricultural land. More than 70% of applications seeking changes to land-use categories involve residential developments located on such property.

Officials are considering a collective approach under which the designation of an entire neighborhood could be changed at once. This would apply only where the area complies with planning requirements and has roads, utilities and room for further development.

Homes built over or inside the protected zones of gas and oil pipelines, water and sewer lines, electrical cables and other critical infrastructure face a much stricter restriction. Such buildings cannot be registered unless the underlying infrastructure is relocated, Eynullayev said.

The restriction is intended both to preserve access for maintenance and to protect residents from potential threats to life, health and property, APA reported.

AZE.US

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