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

ON DEMOLISHING THE STRUCTURE BUILT ON A STATE-OWNED LAND PLOT ADJACENT TO BABԱՋԱՆՅԱՆ STREET H.42/5, MALATIA-SEBASTIA ADMINISTRATIVE DISTRICT, YEREVAN CITY, AND VACATING THE STATE-OWNED LAND PLOT

1. Description of the issue resolved by the administrative act.

In the state-owned land plot adjacent to Babajanyan Street H.42/5, Malatia-Sebastia administrative district, Yerevan city, construction works for building a structure have been carried out without land use rights and without appropriate permission, thereby encumbering the state-owned land plot.
In accordance with Article 30, "b" of the Law "On the Fundamentals of Administration and Administrative Procedure", an administrative proceeding has been initiated by the Public Order Protection Service of the Yerevan City Hall Staff.
No hearings were held during the administrative proceeding, based on the regulations defined by Article 38, Part 3, "a" of the Law "On the Fundamentals of Administration and Administrative Procedure".

2. Facts serving as a basis for adopting the administrative act.

As a result of a comprehensive, complete, and objective examination of the factual circumstances of the administrative case, with the evidence obtained, the administrative body considers the following to be established:

a. In the state-owned land plot adjacent to Babajanyan Street H.42/5, Malatia-Sebastia administrative district, Yerevan city, construction works for building a structure have been carried out without land use rights and without appropriate permission, and the land plot encumbered thereby is actually being used illegally, as there is no right formalized in accordance with the procedure established by RA legislation for that land plot.
b. The aforementioned unauthorized structure actually encumbers the state-owned land plot in Yerevan community, therefore it has become necessary to vacate the said land plot, along with the unauthorized structure encumbering it.

g. the building at the aforementioned address, constructed without corresponding urban planning documents, is in no way delimited from public use areas, from which it follows that the construction and current maintenance of the building may pose a danger to the life and health of individuals, i.e., a delay in adopting an administrative act may lead to the emergence of some danger to the public. 3. Justification for adopting the administrative act: According to point 2 of Article 2 of the Law HO-397-N "On making additions and amendments to the Civil Code of the Republic of Armenia", self-built structures (sections of semi-finished self-built structures) constructed before the entry into force of this law and registered in the manner prescribed by the Government decision (hereinafter also referred to as the Government decision in this article) establishing the procedure for registering self-built structures, are subject to the regulations concerning the legalization of self-built structures in force before the entry into force of this law, including the provisions of subordinate legal acts adopted on their basis. The Government may establish peculiarities for the legalization of self-built structures (sections of semi-finished self-built structures) provided for in this part. According to part 1 of Article 188 of the Civil Code, a self-built structure is considered to be a building, structure, or other construction built or reconstructed or placed in 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 specified by the permission or urban planning norms and rules, and according to point 1 of part 1, a self-built structure cannot be recognized as legal and is subject to demolition (dismantling). The procedure and terms for the demolition (dismantling) of such a structure 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 one who acquires the land plot with an existing self-built structure, bears the risks associated with the use of the self-built structure located on it and the demolition (dismantling) of the self-built structure. According to part 3 of the same article, the owner of the land plot has the right to demolish a self-built structure located on his land plot without applying to court. Decisions on the demolition (dismantling) of a self-built structure located on a state or community-owned land plot are made by the competent authorities established by law. A self-built structure located on another person's land plot is subject to demolition (dismantling) at the claim 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 previous state at the expense of the land plot owner. The person who carried out a self-built structure on another person's land plot is obliged to compensate the land plot owner for the damage caused, including the costs of demolishing (dismantling) the self-built structure and restoring the land plot to its previous state. According to part 6 of the above-mentioned article, the peculiarities of registering rights to real estate with existing self-built structures are regulated by the law on state registration of rights to property and other legal acts adopted on its basis. Self-built structures cannot be recognized as legal and are subject to demolition if they are built in accordance with Article 60 of the Land Code of the Republic of Armenia

on defined land plots, as well as within the alienation or security zones of engineering and transport facilities, or are constructed with significant violations of urban planning norms and rules and give rise to the right to demand a compulsory servitude. Point 2 of the Decree of the Government of the RA No. 912-N dated May 18, 2006, stipulates that the following unauthorized structures are not subject to legalization:
a. those whose preservation violates the rights and legally protected interests of other persons or poses a threat to the life and health of citizens;
b. those constructed on land plots defined by Article 60 of the Land Code, as well as within the alienation or security zones of engineering and transport facilities, or constructed with significant violations of urban planning norms and rules and give rise to the right to demand a compulsory servitude. Point 44 of the procedure approved by the same decree stipulates that the legalization of unauthorized structures provided for by this procedure shall be rejected by a corresponding decision if they do not satisfy the conditions for legalization defined by Article 188 of the Civil Code and this procedure.
According to Article 33 of the Annex to the Decree of the Government of the RA No. 912-N dated May 18, 2006, the head of the community, on his own initiative, adopts a decision on the legalization or demolition of unauthorized structures located on land plots constituting state or community property.
According to Article 44 of the Land Code, the right of ownership and other property rights of citizens and legal entities over land plots is the right to possess, use, and dispose of them at their discretion, while maintaining 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 Planning," within the territories of communities, the head of the community supervises the fulfillment of architectural and planning assignments given to developers, the requirements of the urban planning charters of settlements, the purposeful urban planning use of lands and fixed property, as well as prevents and suspends cases of unauthorized construction and ensures the elimination of their consequences in the manner prescribed by law.
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 power, organizes the work carried out by the heads of administrative districts towards the suspension of unauthorized structures and the elimination of unauthorized structures, as well as the suspension and elimination of illegal land use.
According to part 3 of Article 36 of the Law "On Fundamentals of Administration and Administrative Proceedings," if, after initiating administrative proceedings, the documents necessary for adopting the corresponding administrative act are at the disposal of the administrative body, and the circumstances of the given case are sufficiently clarified and verified, then the administrative body is obliged to adopt the administrative act within the specified

after the circumstances emerge, within a reasonable timeframe, without waiting for the general or special deadline to expire.

According to point "a" of part 3 of Article 38 of the Law "On the Fundamentals of Administration and Administrative Procedure", hearings are not held if there is a need to immediately adopt an administrative act, as delay may lead to the emergence of some danger to the public.

According to part 1 of Article 60 of the Law "On the Fundamentals of Administration and Administrative Procedure", a written administrative act enters into force on 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.

Taking into account the above-mentioned factual and legal justifications and the evidence obtained during the initiated administrative proceedings, based on 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", point 6 of part 1 of Article 55 and point 1 of part 1 of Article 59, point 3 of part 1 of Article 65, point 1 of part 1 of Article 94 and point 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", the provisions of Articles 30, 36, 38, 58 and 60 of the Law "On the Fundamentals of Administration and Administrative Procedure", as well as the requirements of Decision No. 912-N of the Government of the Republic of Armenia of May 18, 2006 –

I DECIDED

1. Not to legalize the building constructed without land use rights and without proper permission in the state-owned land belonging to the Yerevan community, adjacent to Babajanyan Street No. 42/5, Malatia-Sebastia administrative district, Yerevan city.

2. To instruct the head of the Malatia-Sebastia administrative district of Yerevan to dismantle the building constructed in the state-owned land used without state registration of land use rights, adjacent to Babajanyan Street No. 42/5, Malatia-Sebastia administrative district, Yerevan city, with the assistance of the Urban Development and Land Control Department and the Public Order Protection Service of the Yerevan Municipality staff, and to free the state-owned land from illegal possession.

3. To propose to the Head of the Yerevan City Department of the Police of the Ministry of Internal Affairs of the Republic of Armenia to ensure the maintenance of public order in the relevant place during the application of administrative enforcement measures by the Yerevan Municipality, in accordance with point 2 of this decision.

4. To instruct the head of the Malatia-Sebastia administrative district of Yerevan 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. To assign the organization and responsibility for the fulfillment of the requirements of this decision to the heads of the Urban Development and Land Control Department, the Public Order Protection Service of the Yerevan Municipality staff, and the head of the Malatia-Sebastia administrative district of Yerevan city.

6. This decision enters into force from the moment of its adoption. 7. This 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. FIRST DEPUTY MAYOR OF YEREVAN, ACTING MAYOR OF YEREVAN ARMEN PAMBUKHCHYAN X ARMEN PAMBUKHCHYAN Signed by: PAMBUKHCHYAN ARMEN 3611840246