MAYOR OF YEREVAN

DECISION

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

ON DEMOLISHING AN UNAUTHORIZED CONSTRUCTION ON THE MUNICIPAL LAND ADJACENT TO ARTASHISYAN STREET NO. 46/1, SHENGAVIT ADMINISTRATIVE DISTRICT, YEREVAN CITY, AND VACATING THE MUNICIPAL LAND

1. Description of the issue resolved by the administrative act:
   Adjacent to Artashisyan Street No. 46/1, Shengavit administrative district, Yerevan city, on a land plot belonging to the Yerevan community, construction works for a building have been carried out without land use rights and without appropriate permission, thereby encumbering the municipal land.
   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 in the Urban Development and Land Control Department of the staff.
   Hearings were not held during the administrative proceeding, based on the regulations defined by point "a" of part 3 of Article 38 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, full, 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. Adjacent to Artashisyan Street No. 46/1, Shengavit administrative district, Yerevan city, on a land plot belonging to the Yerevan community, construction works for a building 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 formalized in accordance with the procedure established by RA legislation for this land plot.
   b. The aforementioned unauthorized construction actually encumbers the land plot owned by the Yerevan community, therefore, it has become necessary to vacate the said land plot from the unauthorized construction encumbering it.

g. The structures adjacent to the aforementioned address, implemented without appropriate urban planning documents, are not equipped with a construction site in accordance with the requirements established by the legislation of the Republic of Armenia, the building under construction is not delimited in any way, the sidewalk is not separated from the unauthorized structure, from which it follows that the implementation of construction may pose a danger to the life and health of individuals, that is, the delay in adopting the administrative act may lead to the emergence of any danger to the public. 3. Justification for adopting the administrative act: According to point 2 of Article 2 of Law HO-397-N "On making additions and amendments to the Civil Code of the Republic of Armenia", the regulations concerning the legalization of unauthorized structures in force before the entry into force of this law, including the provisions of subordinate legal acts adopted on their basis, apply to unauthorized structures (sections of unfinished unauthorized structures) built before the entry into force of this law and registered in the manner established by the Government's decision (hereinafter also referred to as the Government's decision in this article) establishing the procedure for registering unauthorized structures. The Government may establish peculiarities for the legalization of unauthorized structures (sections of unfinished unauthorized structures) provided for by this part. According to part 1 of Article 188 of the Civil Code, an unauthorized 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 established by law and other legal acts, or without permission, or with significant violations of the conditions established by permission or urban planning norms and rules, and according to point 1 of part 1, an unauthorized 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 unauthorized structure, bears the risks associated with the use of the unauthorized structure located on it and the demolition (dismantling) of the unauthorized structure. According to part 3 of the same article, the owner of the land plot has the right to demolish an unauthorized structure located on his land plot without applying to court. Decisions on the demolition (dismantling) of an unauthorized structure located on a land plot owned by the state or community are made by the competent authorities established by law. An unauthorized structure 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 owner of the land plot. The person who carried out an unauthorized structure 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 structure 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 structures are regulated by the state registration of rights to property.

by the law on registration 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 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 give rise to 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 self-built structures are not subject to legalization:
a. the preservation of which violates the rights and interests protected by law 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 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 self-built structures 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 Annex 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, makes a decision on legalizing or demolishing self-built structures located on state or community-owned land plots.
According to Article 44 of the Land Code, the rights of citizens and legal entities to own, use, and dispose of land plots at their discretion are subject to 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 fulfillment of architectural and planning tasks given to developers, the requirements of urban planning regulations of settlements, the urban planning targeted 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 and eliminating unauthorized structures, as well as suspending and eliminating illegal land use.

DECISION

1. Not to legalize the building constructed on the community-owned land plot adjacent to Artashisyan Street No. 46/1, Shengavit administrative district, Yerevan, used without state registration of land use rights.
2. To instruct the head of the Shengavit administrative district of Yerevan, with the assistance of the Urban Development and Land Control Department of the Yerevan Municipality Staff and the Public Order Protection Service, to dismantle the building constructed on the community-owned land plot adjacent to Artashisyan Street No. 46/1, Shengavit administrative district, Yerevan, 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 RA Ministry of Internal Affairs Police to ensure the maintenance of public order at the relevant location during the application of administrative enforcement measures by the Yerevan Municipality, in accordance with point 2 of this decision.

According to Article 36, Part 3 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 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 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 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 Yerevan City", 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 Government Decision No. 912-N of May 18, 2006 of the Republic of Armenia,

4. To instruct the head of the Shengavit administrative district of Yerevan to recover the costs associated with the dismantling and other related 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 of the Yerevan Municipality Staff, the Public Order Maintenance Service, and the head of the Shengavit administrative district of Yerevan.
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.

TIGRAN AVINYAN