On dismantling the metal structure (wagon-house) and freeing the community-owned land plot adjacent to the land plot at 32 A. Satyan Street

ԵՐԵՎԱՆԻ ՔԱՂԱՔԱՊԵՏ

ՈՐՈՇՈՒՄ

ՀՀ, 0015, ք. Երևան, Արգիշտիի 1
№ ____________ « » 2026թ.

ON DISMANTLING THE METAL STRUCTURE (WAGON-HOUSE) LOCATED ON THE COMMUNITY-OWNED LAND PLOT ADJACENT TO THE LAND PLOT AT A. SATYAN STREET NO. 32, AJAPNYAK ADMINISTRATIVE DISTRICT, YEREVAN CITY, AND FREEING THE COMMUNITY-OWNED LAND PLOT

1. Description of the issue resolved by the administrative act:
   On the community-owned land plot located adjacent to the land plot at A. Satyan Street No. 32, Ajapnyak administrative district, Yerevan city, construction works of a metal structure (wagon-house) have been carried out arbitrarily, without land use rights and without appropriate permission, thereby encumbering the community-owned land plot.
   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 the basis for adopting the administrative act:
   As a result of a comprehensive, complete, and objective examination of the factual circumstances of the administrative case, based on the evidence obtained, the administrative body considers the following to be established:
   a. On the community-owned land plot located adjacent to the land plot at A. Satyan Street No. 32, Ajapnyak administrative district, Yerevan city, 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 the manner prescribed by the legislation of the Republic of Armenia with respect to 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 said land plot from the metal structure (wagon-house) burdening it.
3. Justification for adopting the administrative act.
According to Article 2, Point 2 of Law HO-397-N "On Amendments and Additions to the Civil Code of the Republic of Armenia", self-built structures (sections of unfinished self-built structures) constructed before the entry into force of this law and registered in accordance with the procedure established by the Government decision (hereinafter also referred to as "Government decision" in this article) establishing the procedure for registering self-built structures, are subject to the regulations concerning the legalization of self-built structures 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 self-built structures (sections of unfinished self-built structures) provided for by this part.
Accordingly, in accordance with Part 1 of Article 188 of the Civil Code in force at the time of the emergence of legal relations, a self-built structure is considered to be a building, structure or other construction built or 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 or urban planning norms and rules established by the permission, and according to Point 1 of Part 1, a self-built 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 acquirer of the land plot with a self-built structure, bears the risks associated with the use of the self-built structure located thereon and the demolition (dismantling) of the self-built structure.
According to Part 3 of the same article, the owner of the land plot has the right to demolish a self-built structure located on his land plot without applying to court. Decisions on the demolition (dismantling) of a self-built structure located on state or community-owned land are made by the competent authorities established by law.
A self-built structure located on another

regulating the state registration of rights to property and other legal acts adopted on its basis.

According to paragraph 2 of Decision No. 912-N of the Government of the Republic of Armenia of May 18, 2006, in force at the time of the emergence of legal relations, 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 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.

According to paragraph 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 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, adopts a decision on the legalization or demolition of 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 of citizens and legal entities to 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 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 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 and alienating property owned by Yerevan is submitted to the Council of Elders, and accordingly, the property owned by 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 work carried out by the heads of administrative districts aimed at suspending 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 administrative proceedings, the administrative body has the necessary documents for adopting the relevant 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 Part 1 of Article 60 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 that act.

According to Subpoint 8 of Point 2 of Decision N 315-N of the Council of Elders of the City of Yerevan of December 23, 2020 (amended by Decision N 413-N of the Council of Elders of the City of Yerevan of July 13, 2021), an unauthorized construction built on a land plot owned by the Yerevan community, regardless of the degree of completion and whether it is subject to legalization or not, may be demolished by a 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 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", Point 6 of Part 1 of Article 55 and Point 1 of Part 1 of Article 59, Point 3 of Part 1 of Article 65, Point 1 of Part 1 of Article 94 and Point 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", the provisions of Articles 30, 36, 58 and 60 of the Law "On the Fundamentals of Administration and Administrative Procedure", Decision N 912-N of the Government of the Republic of Armenia of May 18, 2006, as well as the requirements of Subpoint 8 of Point 2 of Decision N 315-N of the Council of Elders of the City of Yerevan of December 23, 2020 (amended by Decision N 413-N of the Council of Elders of the City of Yerevan of July 13, 2021) —

I DECIDED:

1. Not to legalize the metal structure (wagon-house) unauthorizedly built without land use rights and without appropriate permission on the land plot owned by the community, located next to the land plot at A. Satyan Street N 32, Ajapnyak administrative district.

2. To instruct the head of the Ajapnyak administrative district of Yerevan to dismantle the land plot at A. Satyan Street N 32 with the assistance of the Urban Development and Land Control Department of the Yerevan City Hall staff and the Public Order Protection Service.

address, on a land plot that is community property, without land use rights and state registration, to free the illegally constructed metal structure (wagon-house) on the land plot that is community property from illegal possession.

3. To propose to the Head of the Yerevan City Department of the Police of the Republic of Armenia, in accordance with point 2 of this decision, to ensure the maintenance of public order in the relevant place during the application of administrative enforcement measures by the Yerevan City Hall.

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 fulfillment 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 Maintenance 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 can 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