Article 244. Unauthorized construction of the Civil Code of the Republic of Kazakhstan

Home / Codes / Article 244. Unauthorized construction of the Civil Code of the Republic of Kazakhstan

1. Unauthorized construction is an apartment building, other structure, structure or other immovable property created on land not formed into land plots owned by the state, on a land plot that does not belong to the person who carried out the construction, as well as created without obtaining permits required in accordance with the land legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan, of the Republic of Kazakhstan on architectural, urban planning and construction activities in the Republic of Kazakhstan and other legislation of the Republic of Kazakhstan.

2. A person who has carried out an unauthorized construction does not acquire ownership rights to it. It does not have the right to dispose of the building - to sell, donate, lease, or make other transactions.

An unauthorized building is subject to demolition by the person who carried it out or at his expense, except in the cases provided for in paragraphs 3 and 4 of this Article.

3. The right of ownership to an unauthorized building may be recognized by a court for the person who carried out the construction on a land plot that does not belong to him, provided that this plot is provided to this person in accordance with the established procedure for the placement of the erected building.

The property right of a developer to unauthorized construction on a land plot that does not belong to him, with the exception of land owned by the state, may be recognized by a court with the consent of the owner of the land plot and payment of compensation to the latter, provided that the construction meets the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.

The right of ownership to an unauthorized building may also be recognized by a court for the person in whose lawful use the land plot where the construction was carried out is located. In this case, the person who has recognized ownership of the building shall reimburse the person who carried it out for the construction costs in the amount determined by the court.

The right of ownership to an unauthorized building cannot be recognized for these persons if the preservation of the building would entail violations of the rights and legally protected interests of others or would endanger the life and health of citizens.

4. Taking into account socio-economic expediency, an unauthorized building erected by a person on land plots (land not formed into land plots) owned by the state and not in land use is transferred to communal ownership with reimbursement of construction costs in the amount determined by the court.

When unauthorized construction is carried out on a land plot used by state land users, taking into account socio-economic expediency, the unauthorized building is transferred to communal ownership with reimbursement of construction costs in the amount determined by the court from budgetary funds.

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