MAYOR OF YEREVAN

DECISION

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

ON DISMANTLING THE METAL STRUCTURE (WAGON-HOUSE) LOCATED AT THE END OF THE LAND PLOT NO. 32, A. SATYAN STREET, AJAPNYAK ADMINISTRATIVE DISTRICT OF YEREVAN CITY, WHICH IS COMMUNITY PROPERTY, AND FREEING THE LAND PLOT WHICH IS COMMUNITY PROPERTY

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

At the end of the land plot No. 32, A. Satyan Street, Ajapnyak administrative district of Yerevan city, on the land plot which is community property, construction works of a metal structure (wagon-house) have been carried out arbitrarily without land use rights and without appropriate permission, thereby encumbering the land plot which is community property.

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.

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. At the end of the land plot No. 32, A. Satyan Street, Ajapnyak administrative district of Yerevan city, on the land plot which is community property, construction works of a metal structure (wagon-house) have been carried out arbitrarily without land use rights and without appropriate permission, and the land plot encumbered thereby is actually used illegally, as there are no rights formalized in accordance with the procedure established by the legislation of the Republic of Armenia regarding that land plot and the existing structure.

b. The land plot owned by the Yerevan community is actually encumbered by the aforementioned arbitrary metal structure (wagon-house), therefore it has become necessary to free the mentioned land plot from the metal structure (wagon-house) encumbering it.

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

Accordingly, according to part 1 of Article 188 of the Civil Code in force at the time of the emergence of legal relations, an unauthorized construction is considered to be a building, structure, or other construction built or reconstructed or installed 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 established 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 acquirer of the land plot with an unauthorized construction, bears the risks associated with the use of the unauthorized construction located thereon 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 state or community-owned land 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 same 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 and other legal acts adopted on its basis.

At the time of the emergence of legal relations, Article 2 of Decision No. 912-N of the Government of the Republic of Armenia of May 18, 2006, in force, 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 danger to the life and health of citizens.
b. they 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.
Article 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 the Government of the Republic of Armenia of May 18, 2006, the head of the community, on his own initiative, adopts a decision on legalizing or demolishing unauthorized constructions located on land plots owned by the state or community.
According to Article 44 of the Land Code, the right of ownership and other property rights over land plots of citizens and legal entities 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 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, suspends cases of unauthorized construction and ensures the elimination of their consequences in the manner prescribed by law.
According to Point 5 of Part 1 of Article 52 of the Law of the Republic of Armenia "On Local Self-Government in the City of Yerevan", in force at the time of the emergence of legal relations, the annual program for granting the right to use and alienating property considered to be the property of Yerevan is submitted to the Council of Elders, and accordingly, the property considered to be the property of Yerevan is managed.
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 suspension of unauthorized constructions and the elimination of unauthorized constructions, as well as

the work performed by the heads of administrative districts towards 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 relevant administrative act are available to 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 a reasonable period after the emergence of the mentioned circumstances, without waiting for the expiration of the general or special term.
According to Part 1 of Article 60 of the Law "On Fundamentals of Administration and Administrative Proceedings", a written administrative act enters into force from the day following the notification about 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.
According to sub-point 8 of point 2 of Decision N 315-N of the Yerevan City Council dated December 23, 2020 (amended by Decision N 413-N of the Yerevan City Council dated July 13, 2021), an unauthorized structure built on a land plot owned by the Yerevan community, regardless of the degree of completion and the circumstance of being subject to legalization or not, can be demolished by the decision of the Mayor of Yerevan.
Taking into account the above-mentioned factual and legal justifications and the evidence obtained during the initiated administrative proceedings, based on the provisions of 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", Clause 6 of Part 1 of Article 55 and Clause 1 of Part 1 of Article 59, Clause 3 of Part 1 of Article 65, Clause 1 of Part 1 of Article 94 and Clause 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", Articles 30, 36, 58 and 60 of the Law "On Fundamentals of Administration and Administrative Proceedings", the requirements of Decision No. 912-N of the Government of the Republic of Armenia dated May 18, 2006, as well as sub-point 8 of point 2 of Decision N 315-N of the Yerevan City Council dated December 23, 2020 (amended by Decision N 413-N of the Yerevan City Council dated July 13, 2021):

DECIDED

1. Not to legalize the metal structure (wagon-cabin) built without land use rights and without appropriate permission on the community-owned land plot located at the end of land plot No. 32 of A. Satyan Street in the Ajapnyak administrative district.
2. To instruct the head of the Ajapnyak 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 Municipality staff, to dismantle the illegally constructed structure on the community-owned land plot, used without land use rights and state registration, located at the end of land plot No. 32 of A. Satyan Street.

DECISION OF THE ACTING MAYOR OF YEREVAN

metal structure (wagon-house) and to free the land owned by the community 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 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 Ajapnyak 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 implementation of the requirements of this decision to the heads of the Urban Planning and Land Control Department of the Yerevan Municipality Staff, the Public Order Protection Service, and the Head of the Ajapnyak administrative district of Yerevan city.

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 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