Decision on the demolition of an illegally constructed building on community-owned land.

YEREVAN MAYOR
DECISION

RA, 0015, Yerevan, Argishti 1
№____________ « » 2026
YEREVAN

ON DISMANTLING THE STRUCTURE LOCATED ON THE LAND PLOT OWNED BY THE COMMUNITY, SITUATED IN FRONT OF BUILDING H. 23/8, SHINARARNERI STREET, AJAPNYAK ADMINISTRATIVE DISTRICT, YEREVAN CITY, AND VACATING THE LAND PLOT OWNED BY THE COMMUNITY

1. Description of the issue resolved by the administrative act:
   Construction works have been carried out arbitrarily on the land plot owned by the community, located in front of building h. 23/8, Shinaraneri Street, Ajapnyak administrative district, Yerevan city, without the right to land use and without appropriate permission, thereby encumbering the land plot owned by the community. In accordance with point "b" of Article 30 of the Law "On the Fundamentals of Administration and Administrative Procedure", an administrative proceeding has been initiated.

2. Facts serving as the basis for adopting the administrative act:
   As a result of a comprehensive, complete, and objective examination of the factual circumstances of the administrative case, the administrative body considers the following to be established by the evidence obtained:
   a. Construction works have been carried out arbitrarily on the land plot owned by the community, located in front of building h. 23/8, Shinaraneri Street, Ajapnyak administrative district, Yerevan city, without the right to land use and without appropriate permission, and the land plot encumbered thereby is actually being used illegally, as there are no rights formalized in accordance with the procedure established by the legislation of the Republic of Armenia for that land plot and the existing structure.
   b. The aforementioned arbitrary structure actually encumbers the land plot owned by the Yerevan community, and therefore it has become necessary to vacate the said land plot from the structure encumbering it.

3. Justification for adopting the administrative act:
   Point 2 of Article 2 of Law HO-397-N "On Making Additions and Amendments to the Civil Code of the Republic of Armenia"

According to the Government Decision on establishing the procedure for registration of buildings constructed and unauthorized buildings before the entry into force of this law (hereinafter also referred to as the Government Decision in this article), the regulations concerning the legalization of unauthorized buildings in force before the entry into force of this law, including the provisions of subordinate legal acts adopted on their basis, apply to unauthorized buildings (sections of unfinished unauthorized buildings) registered in the manner prescribed by the Government Decision. The Government may establish peculiarities for the legalization of unauthorized buildings (sections of unfinished unauthorized buildings) provided for in this part.

Accordingly, in accordance with Part 1 of Article 188 of the Civil Code in force at the time of the emergence of legal relations, an unauthorized building is considered to be a building, structure, or other construction built or reconstructed or placed on a land plot not allocated for that purpose in the manner prescribed by law and other legal acts, or without permission, or with significant violations of the conditions or urban planning norms and rules established by the permission, and according to Point 1 of Part 1, an unauthorized building cannot be recognized as legal and is subject to demolition (dismantling).

The procedure and terms for the demolition (dismantling) of such a building are established by a decision of the Government of the Republic of Armenia. According to Part 2 of the same article, the owner of the land plot, including the acquirer of the land plot with an unauthorized building, bears the risks associated with the use of the unauthorized building located on it and the demolition (dismantling) of the unauthorized building.

According to Part 3 of the same article, the owner of the land plot has the right to demolish an unauthorized building located on his land plot without applying to court. Decisions on the demolition (dismantling) of an unauthorized building located on state or community-owned land are made by the competent authorities established by law.

An unauthorized building located on another's land plot is subject to demolition (dismantling) at the suit of the state, community, or other interested person whose rights and legally protected interests have been violated, and the land plot is subject to restoration to its former state at the expense of the land plot owner.

The person who carried out an unauthorized construction on another's land plot is obliged to compensate the land plot owner for the damage caused, including the costs of demolishing (dismantling) the unauthorized building and restoring the land plot to its former state.

According to Part 6 of the same article, the peculiarities of registration of rights to real estate with unauthorized buildings are regulated by the law on state registration of rights to property and other legal acts adopted on its basis.

According to Point 2 of Government Decision No. 912-N of May 18, 2006, of the Government of the Republic of Armenia, in force at the time of the emergence of legal relations, the following unauthorized buildings are not subject to legalization:
a. whose preservation violates the rights and legally protected interests of other persons or poses a threat to the life and health of citizens.

b. which are built on land plots defined by Article 60 of the Land Code, as well as in alienation or security zones of engineering and transport objects, or are built with significant violations of urban planning norms and rules and give rise to the right to demand compulsory servitude.
It is established by point 44 of the procedure approved by the same decision that the legalization of unauthorized constructions provided for by this procedure is rejected by a corresponding decision if they do not meet the conditions for legalization defined by Article 188 of the Civil Code and this procedure.
According to Article 33 of the appendix to Decision No. 912-N of the Government of the Republic of Armenia of May 18, 2006, the head of the community, on his own initiative, adopts a decision on legalizing or demolishing unauthorized constructions located on state or community-owned land plots.
According to Article 44 of the Land Code, the right of ownership and other property rights over land plots of citizens and legal entities is the right to possess, use, and dispose of them at their discretion, subject to the restrictions and other conditions provided by law, and the right of ownership of citizens and legal entities over land plots arises on the basis of privatization of state and community lands, inheritance, purchase and sale, donation, and other transactions and legal facts related to land.
According to part 5 of Article 26 of the Law "On Urban Development", in the territories of communities, the head of the community supervises the implementation of architectural and planning assignments given to developers, the requirements of urban planning regulations of settlements, the targeted urban planning use of lands and fixed property, as well as prevents, suspends cases of unauthorized construction and ensures the elimination of their consequences in the manner prescribed by law.
According to point 5 of part 1 of Article 52 of the Law of the Republic of Armenia "On Local Self-Government in the City of Yerevan" in force at the time of the emergence of legal relations, it submits to the Council the annual program for providing for use and alienating property considered to be the property of Yerevan, and accordingly, disposes of property considered to be the property of Yerevan.
According to point 6 of part 1 of Article 55 and point 1 of part 1 of Article 59 of the Law "On Local Self-Government in the City of Yerevan", the Mayor of Yerevan, as a mandatory authority, organizes the work carried out by the heads of administrative districts aimed at suspending unauthorized constructions and eliminating unauthorized constructions, as well as suspending and eliminating illegal land use.
According to part 3 of Article 36 of the Law "On the Fundamentals of Administration and Administrative Procedure", if, after initiating administrative proceedings, the administrative body has the necessary documents for adopting the corresponding administrative act, and they are sufficiently clarified and specified

the circumstances of the given case, then the administrative body is obliged to adopt the administrative act within a reasonable period after the emergence of the mentioned circumstances, without waiting for the expiration of the general or special term.
According to Part 1 of Article 60 of the Law "On Fundamentals of Administration and Administrative Proceedings", a written administrative act shall enter into force from the day following the notification of the adoption of that act in the manner prescribed by Article 59 of the same Law, unless otherwise provided by law or by that act.
According to sub-clause 8 of clause 2 of the Decision N 315-N of the Yerevan City Council dated December 23, 2020 (amended by Decision N 413-N of the Yerevan City Council dated July 13, 2021), an unauthorized structure built on a land plot owned by the Yerevan community, regardless of the degree of completion and the circumstance of being subject to legalization or not, can be demolished by the decision of the Mayor of Yerevan.
Taking into account the above-mentioned factual and legal justifications and the evidence obtained during the initiated administrative proceedings, based on the provisions of Part 2 of Article 43, Part 2 of Article 44 of the Land Code, Part 5 of Article 26 of the Law "On Urban Development", Clause 6 of Part 1 of Article 55 and Clause 1 of Part 1 of Article 59, Clause 3 of Part 1 of Article 65, Clause 1 of Part 1 of Article 94 and Clause 3 of Part 1 of Article 95 of the Law "On Local Self-Government in the City of Yerevan", Part 2 of Article 9 of the Law "On Local Self-Government", Articles 30, 36, 58 and 60 of the Law "On Fundamentals of Administration and Administrative Proceedings", the requirements of the Decision of the Government of the RA No. 912-N dated May 18, 2006, as well as sub-clause 8 of clause 2 of the Decision N 315-N of the Yerevan City Council dated December 23, 2020 (amended by Decision N 413-N of the Yerevan City Council dated July 13, 2021):

DECIDED

1. Not to legalize the structure built without land-use rights and without appropriate permission on the community-owned land plot located in front of address No. 23/8 of Shinararneri Street in the Ajapnyak administrative district.
2. To instruct the head of the Ajapnyak administrative district of Yerevan city, with the assistance of the Urban Development and Land Control Department and the Public Order Protection Service of the staff of the Yerevan Municipality, to dismantle the structure illegally built on the community-owned land plot used without land-use rights and state registration, located in front of address No. 23/8 of Shinararneri Street, and to vacate the community-owned land plot from illegal possession.
3. To propose to the Head of the Yerevan City Department of the Police of the Republic of Armenia, in accordance with clause 2 of this decision, to the Yerevan Municipality

by applying administrative enforcement measures, ensure the maintenance of public order in the respective place.
4. To instruct the head of Ajapnyak administrative district of Yerevan city to recover the expenses related to the dismantling and other accompanying works provided for by this decision from the person who carried out the unauthorized construction, through judicial procedure.
5. The organization and responsibility for the fulfillment of the requirements of this decision shall be placed on the heads of the Urban Development and Land Control Department of the Yerevan Municipality Staff, the Public Order Maintenance Service, and the head of Ajapnyak administrative district of Yerevan city.
6. This decision enters into force from the moment of its adoption.
7. The decision may be appealed administratively to the Mayor of Yerevan or judicially to the Administrative Court of the Republic of Armenia within a two-month period from the date of its entry into force.
8. Control over the implementation of this decision is ensured by the First Deputy Mayor of Yerevan, A. Pambukhchyan.
TIGRAN AVINYAN