MAYOR OF YEREVAN
DECISION

RA, 0015, c. Yerevan, Argishti 1
№____________ « » 2026

ON DEMOLISHING (DISMANTLING) THE STRUCTURE LOCATED ADJACENT TO BUILDING NO. 31, GYULIKEKHVYAN STREET, NOR NORK ADMINISTRATIVE DISTRICT OF YEREVAN CITY AND CLEARING THE LAND PLOT CONSTITUTING MUNICIPAL PROPERTY

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

In the land plot belonging to the Yerevan community, located adjacent to building no. 31, Gyulikekhvyan street, Nor Nork administrative district of Yerevan city, construction works of a structure have been carried out without land use rights and without appropriate permission, by which the land plot constituting municipal property has been encumbered.

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

As a result of a comprehensive, full, and objective examination of the factual circumstances of the administrative case, based on the acquired evidence, the administrative body considers the following to be established:

a. In the land plot belonging to the Yerevan community, located adjacent to building no. 31, Gyulikekhvyan street, Nor Nork administrative district of Yerevan city, construction works of a structure have been carried out without land use rights and without appropriate permission, and the land plot encumbered by it is actually being used illegally, as there is no right formulated in the manner prescribed by the legislation of the Republic of Armenia regarding that land plot;

b. The land plot constituting the property of the Yerevan community is actually encumbered by the aforementioned unauthorized structure, therefore a necessity has arisen to clear the mentioned land plot from the unauthorized structure encumbering it;

3. Justification for adopting the administrative act.

According to Clause 2 of Article 2 of the Law HO-397-N "On Making Additions and Amendments to the Civil Code of the Republic of Armenia," unauthorized structures built and registered in the manner prescribed by the Government Decision (hereinafter also referred to in this Article as the Government Decision) establishing the procedure for the registration of unauthorized structures before the entry into force of this Law

(sections of unfinished unauthorized buildings) are subject to 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. The Government may establish peculiarities for the legalization of unauthorized buildings (sections of unfinished unauthorized buildings) provided for in this part. According to Article 188, Part 1 of the Civil Code, an unauthorized building 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 or urban planning norms and rules established by the permission, and according to Article 188, Part 1, Point 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 determined by the decision of the Government of the Republic of Armenia. According to Article 188, Part 2, the owner of the land plot, including the one who acquires 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 Article 188, Part 3, 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 a state or community-owned land plot are made by the authorized bodies established by law. An unauthorized building 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 owner of the land plot. The person who carried out an unauthorized building on another person's land plot is obliged to compensate the owner of the land plot for the damage caused, including the costs of demolishing (dismantling) the unauthorized building and restoring the land plot to its previous state. According to Article 188, Part 6, 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. Unauthorized buildings cannot be recognized as legal and are subject to demolition if they are built on land plots defined by Article 60 of the Land Code of the Republic of Armenia, as well as in alienation or safety zones of engineering and transport facilities, or are built with significant violations of urban planning norms and rules and create the right to demand compulsory servitude. Point 2 of Decision No. 912-N of the Government of the Republic of Armenia of May 18, 2006, stipulates that the following unauthorized buildings are not subject to legalization: a. those whose preservation violates the rights and legally protected interests of other persons or threatens the life and health of citizens; b. those that are built on land plots defined by Article 60 of the Land Code, as well as in alienation zones of engineering and transport facilities or

security zones or are built with significant violations of urban planning norms and rules and give rise to the right to demand compulsory servitude. Point 44 of the procedure approved by the same decision stipulates 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 established by Article 188 of the Civil Code and this procedure. According to Article 33 of the appendix to Decision No. 912-N of May 18, 2006, of the Government of the Republic of Armenia, the head of the community, on his own initiative, makes 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 of citizens and legal entities over land plots 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 Planning", in the territories of communities, the head of the community supervises the fulfillment of architectural and planning tasks 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 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 an administrative procedure, the administrative body has the necessary documents for adopting the corresponding administrative act, and the circumstances of the case are sufficiently clarified and specified, then the administrative body is obliged to adopt the administrative act within a reasonable time after the emergence of the specified circumstances, without waiting for the expiration of the general or special term. 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 upon its

DECISION OF THE MAYOR OF YEREVAN

regarding adoption: from the day following the notification 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 Article 43, Part 2, Article 44, Part 2 of the Land Code, Article 26, Part 5 of the Law "On Urban Development", Article 55, Part 1, Point 6 and Article 59, Part 1, Point 1, Article 65, Part 1, Point 3, Article 94, Part 1, Point 1 and Article 95, Part 1, Point 3 of the Law "On Local Self-Government in the City of Yerevan", Article 9, Part 2 of the Law "On Local Self-Government", Articles 30, 36, 38, 58 and 60 of the Law "On the Fundamentals of Administration and Administrative Proceedings", as well as the requirements of Decision No. 912-N of May 18, 2006, of the Government of the Republic of Armenia, the letter of 28.07.2026 of the Architecture and Urban Development Department of the Staff:

I DECIDED

1. Not to legalize the building constructed without state registration of land use rights in the community-owned land plot adjacent to building No. 31, Gyulikekhvyan Street, Nor Nork administrative district, Yerevan.

2. To instruct the head of the Nor Nork administrative district of Yerevan, with the assistance of the Urban Development and Land Control Department of the Yerevan City Hall Staff and the Public Order Protection Service, to demolish (dismantle) the building constructed without state registration of land use rights in the community-owned land plot adjacent to building No. 31, Gyulikekhvyan Street, Nor Nork administrative district, Yerevan, and to free 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 to ensure the maintenance of public order at the relevant location during the application of administrative enforcement measures by the Yerevan City Hall, in accordance with point 2 of this decision.

4. To instruct the head of the Nor Nork administrative district of Yerevan to recover the expenses related to the dismantling (demolition) 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 City Hall Staff, the Public Order Protection Service, and the head of the Nor Nork administrative district of Yerevan.

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. The control over the implementation of this decision is ensured by the Secretary of the Staff of Yerevan City Hall.

FIRST DEPUTY MAYOR OF YEREVAN, ACTING MAYOR OF YEREVAN
ARMEN PAMBUKHCHYAN
X
ARMEN PAMBUKHCHYAN
Signed by: PAMBUKHCHYAN ARMEN 3611840246