No Construction Company Has the Right to Demolish Homes Without Consent

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AZE.US

Residents of Baku’s Yasamal district have accused the Bizim Ev housing cooperative of pressure, intimidation and unlawful interference with private property amid an ongoing redevelopment dispute.

The conflict involves homes located at 69 Hasan bey Zardabi Street, where residents say construction and excavation work has continued for years, creating constant noise, damaging access roads and making daily life increasingly difficult.

According to the residents, those who refused to sign demolition agreements have faced threats and other forms of pressure. They allege that company representatives entered private yards while homeowners were away, cut down trees and removed fences and metal structures.

In one recent incident, unidentified individuals allegedly entered a resident’s yard and began cutting metal structures before leaving after neighbors raised the alarm. Residents say the incident was recorded by surveillance cameras.

AZE.US has not independently verified the allegations.

Commenting on the dispute to sherg.az, Azerbaijani lawyer Akram Hasanov said private construction companies and housing cooperatives have no legal authority to demolish homes, fences or other privately owned structures without the owner’s consent.

He said demolition may proceed only on the basis of a voluntary agreement with the property owner.

“Consent must be reached through mutual agreement, not through threats, pressure or coercion,” Hasanov said. “Every owner has the right to determine the price of their property. The fact that other residents accepted certain terms does not oblige another owner to accept the same conditions.”

According to the lawyer, a homeowner has the right to reject a developer’s offer and demand that the company leave the property untouched.

Hasanov said a troubling practice has emerged in Azerbaijan in recent years, with some developers first reaching agreements with several residents and then pressuring those who refuse to accept the proposed terms.

Such pressure may include lawsuits, unauthorized demolition attempts and, in some cases, the suspension of electricity, gas or water supplies, he said.

Hasanov stressed that forced demolition is possible only when property is required for public needs and only through procedures established by law, including a court ruling and compensation.

“No private construction company can say, ‘We will demolish the building whether you agree or not,’” he said. “That is unlawful conduct and contradicts the principles of a state governed by law.”

He added that developers must negotiate with residents, offer acceptable terms and move ahead with projects only after securing voluntary consent.

Hasanov said property rights are protected by Azerbaijan’s Constitution, but argued that enforcement and practical protection remain weak.

AZE.US

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