MAYOR OF YEREVAN

DECISION
RA, 0015, Yerevan, Argishti 1
№ ____________ « » 2026
ON DEMOLISHING THE REINFORCED CONCRETE STRUCTURE AND STONE FENCE
SELF-CONSTRUCTED ADJACENT TO YEREVAN, DAVTASHEN 8TH STREET, H.2/6 ADDRESS,
AND FREEING THE LAND PLOT WHICH IS MUNICIPAL PROPERTY

1. Description of the issue resolved by administrative act.
   In Yerevan, adjacent to Davtashen 8th Street, h.2/6 address, on a land plot belonging to the Yerevan community, a reinforced concrete structure and a stone fence have been self-constructed, thereby encumbering the land plot which is municipal property.
   According to Article 30, point "b" of the Law "On the Fundamentals of Administration and Administrative Procedure", an administrative proceeding has been initiated in the staff of the head of Davtashen administrative district.
   No hearings were held during the administrative proceeding, based on the regulations defined by Article 38, Part 3, point "a" of the Law "On the Fundamentals of Administration and Administrative Procedure".
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 evidence obtained:
   a. in the city of Yerevan, adjacent to Davtashen 8th Street, h. 2/6 address, on a land plot belonging to the Yerevan community, without the right to land use and without appropriate permission, construction works for a reinforced concrete structure and a stone fence have been carried out, and the land plot encumbered thereby is actually used illegally, as there is no right formalized in accordance with the procedure established by RA legislation for that land plot.
   b. the aforementioned self-constructed structures actually encumber the land plot which is the property of the Yerevan community, therefore it has become necessary to free the said land plot from the self-constructed structures encumbering it.
   c. the structures at the aforementioned address, carried out without appropriate urban planning documents, are in no way delimited from the general

use areas, from which it follows that the construction and their current maintenance may pose a danger to the life and health of individuals, i.e., delaying the adoption of an administrative act may lead to the emergence of any danger to the public.
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", self-built and unauthorized constructions registered in accordance with the procedure established by the government decision (hereinafter also referred to as the Government Decision in this article) on the registration of unauthorized constructions before the entry into force of this law (sections of unfinished unauthorized constructions) are subject to the regulations concerning the legalization of unauthorized constructions 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 constructions (sections of unfinished unauthorized constructions) provided for in this part.
According to Article 188, Part 1 of the Civil Code, an unauthorized construction is considered to be a building, structure, or other construction built, reconstructed, or installed on a land plot not allocated for that purpose in accordance with the procedure established by law and other legal acts, or without permission, or with significant violations of the conditions established by the permission or urban planning norms and rules, and according to Article 1, Point 1 of Part 1 of the same article, an unauthorized construction cannot be recognized as legal and is subject to demolition (dismantling). The procedure and deadlines 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 acquirer of 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 an unauthorized construction located on his land plot without applying to court:
Decisions on the demolition (dismantling) of an unauthorized construction located on a state or community-owned land plot are made by the authorized bodies established by law. An unauthorized construction located on another person's land plot is subject to demolition (dismantling) at the request of the state, community, or other interested person whose rights or 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 registration of rights to real estate with unauthorized constructions are regulated by the law on state registration of rights to property

by law and other legal acts adopted on its basis. Unauthorized constructions
cannot be recognized as legal, and they are subject to demolition if they are built
on lands 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 if they are built with significant violations of urban planning norms and rules
and give rise to the right to demand compulsory servitude.
According to point 2 of Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006,
it is stipulated 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. they are built on lands defined by Article 60 of the Land Code, as well as in alienation or safety zones of engineering and transport objects,
or if they are built with significant violations of urban planning norms and rules and give rise to the right to demand compulsory servitude. According to point 44 of the procedure approved by the same decision, 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 dated May 18, 2006, the head of the community makes a decision on his own initiative to legalize or demolish unauthorized constructions located on state or community-owned lands.
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, 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 urban planning regulations of settlements, the targeted 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 Yerevan", the Mayor of Yerevan, as a mandatory authority, organizes the suspension of unauthorized constructions and the elimination of unauthorized constructions, as well as illegal

work carried out by the heads of administrative districts towards the suspension and elimination of land use.

According to Article 36, Part 3 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 relevant administrative act, and the circumstances of the given 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 Article 38, Part 3, Sub-point "a" 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 Article 60, Part 1 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 act.

Taking into account the above-mentioned factual and legal justifications and the evidence obtained during the initiated administrative procedure, 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 Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006:

I DECIDED

1. Not to legalize the reinforced concrete structure and stone fence self-constructed on the land plot belonging to the Yerevan community, adjacent to the address Yerevan city, Davtashen 8th street, No. 2/6.

2. To instruct the head of the Davtashen administrative district of Yerevan city, with the assistance of the Urban Development and Land Control Department and the Public Order Protection Service of the Yerevan City Hall staff, to dismantle the reinforced concrete structure and stone fence self-constructed on the land plot belonging to the Yerevan community, adjacent to the address Yerevan city, Davtashen 8th street, No. 2/6, 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 Davtashen 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. 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 City Hall staff, and the head of Davtashen administrative district of Yerevan city.

6. This decision enters into force from the moment of its adoption and 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.

7. Control over the implementation of this decision is ensured by the First Deputy Mayor of Yerevan, A. Pambukhchyan.
   TIGRAN AVINYAN