A claim for the demolition of an illegal unauthorized building
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To the Medeu District Court of Almaty
The plaintiff: ......................., IIN .................,
prozh.g.Almaty, md..............., street......, house.. sq.4
The defendant: ................., IIN
Almaty, Alatau district, ul......., house ... sq....
Statement of claim for demolition by unauthorized construction
244 of the Civil Code of the Republic of Kazakhstan) I own apartment No. 4 with a total area of 57.5 sq.m. with a share of 0.0363 hectares. a plot of land in the Medeu region of the mountains.Almaty on the street..... house number 7. With the same parameters, the defendant, Svetlana Ziganshina, owns apartment No. 3 on the street..... house No. 7. By virtue of Article 8 of the Civil Code of the Republic of Kazakhstan, actions of citizens and legal entities carried out solely with the intention of harming another person, as well as abuse of rights in other forms, are prohibited.
The defendant .................... in violation of urban planning, sanitary-epidemiological, fire-fighting standards, she arbitrarily erected a building (residential building, other structure, structure or other immovable property) that distorts the architectural ensemble, without obtaining permits required in accordance with the land legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities in the Republic of Kazakhstan and other the legislation of the Republic of Kazakhstan". At the same time, the foundation of the building was designed without taking into account the physical and mechanical characteristics of the soil, the characteristics of the hydrogeological regime at the construction site, as well as the degree of aggressiveness of soils and groundwater in relation to foundations and underground engineering networks, and may not provide the necessary uniformity of sedimentation of the foundations under the elements of the building, which poses a threat to the life and health of my family. In violation of the Rules of development of the territory of Almaty (Decision of the XXIV session of the Maslikhat of Almaty of the III convocation of September 26, 2006 No. 268. Registered by the Department of Justice of Almaty on November 2, 2006 for No. 716), during the construction of an apartment building, it is necessary to take into account the red line of the road not to go beyond its border, place the building with an offset to one of the lateral boundaries of the site, the distance from the fence to the wall cannot be less than 1 - 1.5 meters, as well as the requirements for the intended purpose of the land plot, without disturbing the aesthetic perception of the built-up object.
Grossly violating State standards in the field of architecture, urban planning and construction (Building regulations of the Republic of Kazakhstan): Natural and artificial lighting, Sanitary and epidemiological requirements for living conditions in residential buildings and premises, Sanitary and epidemiological rules and regulations SanPiN 1 2645-10, which provide for the coefficient of natural illumination in living rooms and kitchens The Normative document CH RK 2.04-XX-2011 "Natural and artificial lighting" is a mandatory document within the framework of the system of interstate regulatory documents and establishes requirements for the design of natural and artificial lighting, where art. 1.1 These building regulations apply to the design of lighting of premises of newly constructed and reconstructed buildings and structures for various purposes.
Article 5.8. regulates the duration of continuous insolation for residential buildings is set for certain calendar periods, depending on the type of apartments, the functional purpose of the premises, the planning areas of the city and the geographical latitude of the area: - for the northern zone (north of 58' n) - at least 2.5 hours per day from April 22 to August 22; - for the central zone (58' s. w. - 48' s. w.) - at least 2.0 hours per day from March 22 to September 22; - for the southern zone (south of 48' s. w.) - at least 1.5 hours per day from February 22 to October 22. All these requirements were violated by the defendant during the construction of the building, the norms of 1-1.5 meters from the border of my land plot were not observed. At the same time, the development of the residential area with detached single-family 1-2-3-storey residential buildings with plots of, as a rule, more than 800 square meters is allowed.m., the share of the defendant's land plot is no more than 0.0500 hectares. Moreover, the windows of the building allow the defendant to penetrate into my private life, personal and family secrets. The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On certain issues of dispute resolution related to the protection of property rights to housing" dated 16.07.2007 No. 5 in paragraph 11 clearly requires the courts that the satisfaction of claims related to the demolition of an "illegally erected" building is possible provided that the preservation of the building does not violate the legitimate interests of others or does not it will endanger the life and health of citizens.
As a result of the unauthorized construction, the norms of the insolation of my apartment building were violated, the structure restricts visibility from the windows of the apartment building, violates the rights of adjacent land users, the water that flows from the roof flows onto my site, erodes the soil on it, which gives me the right to a negative claim. The defendant ................... she erected an unauthorized building in order to sell the apartment, so it is necessary to take measures to secure the claim - the seizure of adverse consequences. Based on the above, guided by Articles 244 of the Civil Code of the Republic of Kazakhstan, Articles 8, 10, 73, 77, paragraph 1), Part 1 of Articles 156 , 157 of the CPC RK,
P r o w u:
1. Oblige the defendant .............. to carry out the demolition of unauthorized buildings at their own expense. 2. Oblige the defendant ................ to submit to the court documents confirming the compliance of the design documentation with the requirements of the urban development plan of the land plot and giving the developer the right to carry out construction, as well as the legal documents for the apartment and the land plot. Application: 1. Copies of the plaintiff's legal documents, on 7 sheets.
2. Statement of measures to secure the claim. "___" ___________ 2019
The plaintiff _____________ ...................
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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