On the demolition (dismantling) of the building adjacent to building 196 on Bashinjaghyan Street in the Ajapnyak administrative district of Yerevan city and the release of the land plot owned by the community

MAYOR OF YEREVAN
DECISION
RA, 0015, Yerevan city, Argishti 1
№ ____________ « » 2026
ON DEMOLISHING (DISMANTLING) THE BUILDING LOCATED ADJACENT TO BUILDING
N.196, BASHINJAGHYAN STREET, AJAPNYAK ADMINISTRATIVE DISTRICT,
YEREVAN CITY, AND FREEING THE LAND PLOT WHICH IS COMMUNITY
PROPERTY

1. Description of the issue resolved by the administrative act.
   In the land plot belonging to Yerevan community, located adjacent to building N.196,
   Bashinjaghyan Street, Ajapnyak administrative district, Yerevan city, construction works of a
   building have been carried out without land use rights and without appropriate permission,
   thereby encumbering the land plot which is community property.
2. Facts serving as grounds 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 acquired evidence:
   a. In the land plot belonging to Yerevan community, located adjacent to building N.196,
   Bashinjaghyan Street, Ajapnyak administrative district, Yerevan city, construction works of a
   building have been carried out without land use rights and without appropriate permission, and
   the land plot encumbered thereby is actually used illegally, as there is no right formalized in
   accordance with the procedure established by the legislation of the Republic of Armenia for that
   land plot.
   b. The aforementioned unauthorized construction has actually encumbered the land plot
   which is the property of the Yerevan community, therefore it has become necessary to free the
   said land plot from the unauthorized construction encumbering it.
3. Justification for adopting the administrative act.
   According to Article 2, Point 2 of Law HO-397-N "On making additions and amendments to the
   Civil Code of the Republic of Armenia", unauthorized constructions built before the entry into
   force of this law and registered in accordance with the procedure established by the Government's
   decision (hereinafter in this article also - Government's decision) establishing the procedure for
   registering unauthorized constructions

The regulations concerning the legalization of unauthorized constructions, including the provisions of subordinate legal acts adopted on their basis, that were in force before the entry into force of this law, extend to constructions (sections of unfinished unauthorized constructions). The Government may establish peculiarities for the legalization of unauthorized constructions (sections of unfinished unauthorized constructions) provided for by this part.

According to part 1 of Article 188 of the Civil Code, an unauthorized construction is a building, structure, or other construction built, 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 specified by the permission or urban planning norms and rules, and according to point 1 of part 1, an unauthorized construction cannot be recognized as legal and is subject to demolition (dismantling). The procedure and terms for the demolition (dismantling) of such a construction 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 unauthorized construction, bears the risks associated with the use of the unauthorized construction located on it and the demolition (dismantling) of the unauthorized construction. According to part 3 of the same article, the owner of the land plot has the right to demolish the unauthorized construction located on his land plot without applying to court. Decisions on the demolition (dismantling) of unauthorized constructions located on state or community-owned land plots are made by the competent authorities established by law. An unauthorized construction located on another person'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 person's land plot is obliged to compensate the land plot owner for the damage caused, including the costs of demolishing (dismantling) the unauthorized construction and restoring the land plot to its former state. According to part 6 of the above-mentioned article, the peculiarities of registering rights to real estate with unauthorized constructions are regulated by the law on state registration of rights to property and other legal acts adopted on its basis. Unauthorized constructions 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 objects, or are built with significant violations of urban planning norms and rules and give rise to the right to demand compulsory servitude.

Point 2 of Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006, stipulates that unauthorized constructions are not subject to legalization if:
a. their 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 a land plot defined by Article 60 of the Land Code, as well as in the alienation or safety zones of engineering and transport facilities, 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 defined 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, adopts a decision on the legalization or demolition of unauthorized constructions located on state or community-owned land plots.
According to Article 44 of the Land Code, the right of citizens and legal entities to own, use, and dispose of land plots at their discretion is a right, subject to the restrictions and other conditions provided by law, and the right of ownership of citizens and legal entities to 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 implementation of architectural and planning assignments given to developers, the requirements of the 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 mentioned 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 can lead to the emergence of any danger to the public.

According to Article 60, Part 1 of the Law "On the Fundamentals of Administration and Administrative Procedure", a written administrative act enters 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.
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 Procedure", as well as the requirements of the Government of the Republic of Armenia's Decision No. 912-N of May 18, 2006, and the letter from the Staff's Department of Architecture and Urban Development dated 17.08.2026:
I DECIDED

1. Not to legalize the building constructed on the land plot adjacent to building No. 196, Bashinjaghyan Street, Ajapnyak administrative district, Yerevan, which is community property, used without state registration of land use rights.

2. To instruct the Head of the Ajapnyak 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 on the land plot adjacent to building No. 196, Bashinjaghyan Street, Ajapnyak administrative district, Yerevan, which is community property, used without state registration of land use rights, 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 Ajapnyak administrative district of Yerevan to recover the expenses related to the dismantling (demolition) and other associated 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 implementation of the requirements of this decision to 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 Ajapnyak 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. Control over the implementation of this decision shall be ensured by the Secretary of the Staff of Yerevan City Hall.
   TIGRAN AVINYAN