On the recognition of ownership of unauthorized buildings
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Public unification ___________________ << Barrier-free housing>>
_________________ Republic of Kazakhstan, A32B2D7, Almaty.
Nauryzbaysky district, md. Tausamaly Zhandosova str.,27b BIN ______________
AGF JSC ____________ BIC _______________
To the Alatau District Court of Almaty
Almaty, mkr.Shanyrak-2ul.Zhankozha-batyr,26 Plaintiff: ________________
IIN ......................... ID card no................
issued on __.04.20__ of the year by the Ministry of Justice of the Russian Federation.Almaty, Alatau district
mkr. Ozhet, Zhapsarbayeva str., 61 tel: 8...............
Plaintiff's representative: NGO "______________" G.Almaty, md.Tausamaly,
S.Zhandosova str.,27b registration number ______________
OOBIN ______________ IIK KZ______________
BIC ______________ JSC"______________" phone: 8 ..................
Respondent: Akimat of Almaty.Almaty, Republic Square, 4
STATEMENT OF CLAIM
on the recognition of ownership of unauthorized buildings
Paragraph 3 of Article 244 of the Civil Code stipulates that the right of ownership to an unauthorized building may be recognized by a court for a person in whose lawful use the land plot where the construction was carried out is located. The right of ownership to an unauthorized building cannot be recognized for these persons if the preservation of the building would entail a violation of the rights and legally protected interests of others or would endanger the life and health of citizens.
On the recognition of ownership of unauthorized buildings
In accordance with paragraph 11 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On certain issues of dispute resolution related to the protection of ownership of housing", a claim for recognition of ownership of an unauthorized dwelling is filed with a local executive body and is considered by the court in the order of claim proceedings. Satisfaction of such a claim is possible provided that the preservation of the building does not violate the legitimate interests of others or endanger the life and health of citizens. These conditions must be confirmed by the authorities authorized to carry out state acceptance of completed construction projects. According to the resolution of the Akimat of Almaty dated April __, 20__, No. 2/208-154 on granting the right of temporary paid long-term land use on lease terms ______________ for a period of 10 (ten) years on a land plot with a total area of 0.0606 hectares within the boundaries of the land use plan for operation and maintenance of an individual residential building located at: Alatau district, md. Ozhet St.Zhapsarbayeva used land plot. Based on the above-mentioned resolution, an act was issued for the right of temporary paid long-term land use on lease terms for a land plot. №______________ with a cadastral number ______________ from __.04.20__ year. According to the land lease agreement no.______ dated __ May 20__, the lease period is until __ April 20__. In accordance with the lease agreement from ___________ pays the payment for the use of the land plot in a timely manner, as evidenced by the payment receipts. For the purpose of developing a land plot for its intended purpose ______________ He built a one-story apartment building on a piece of real estate. During construction ______________ He did not receive the necessary permits, relying on the previous commissioning procedures. The constructed object of real estate has signs of unauthorized construction, since construction was carried out on the land plot without permits. An unauthorized building does not violate the rights and interests of others, complies with the requirements of construction and urban planning regulations, and the preservation of unauthorized buildings does not pose a threat to the life and health of citizens. According to the conclusion dated __.01.20__ on the technical condition of the building structures of an individual residential building located at the address: Almaty, Alatau district, Ozhet district, Zhapsarbayeva str., 61 issued by LLP "______________", The characteristic is defined the technical condition of the facility meets the requirements of the SNiP RK 2. ______________"Construction in seismic areas". According to the fragment of the topographic plan issued by the LLP "______________", There are no engineering networks that can interfere with the use of the house on the land plot. With amendments and additions to the Law "On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan", starting from January 1, 2016, facilities are put into operation by construction customers together with contractors, technical and design supervision without the participation of government agencies (if the customer and the contractor are one person, the customer (developer) independently prepares an act acceptance with the participation of copyright and technical supervision), which is confirmed by a letter from the KSU "Department of Architecture and Urban Planning of Almaty". Thus, in any other way, except by applying to the court, the citizen ______________ deprived of the opportunity to recognize ownership of an unauthorized building.
On the recognition of ownership of unauthorized buildings
Part 5, p. 6 of the CPC stipulates that if the law or the agreement of the parties to the dispute provides for the resolution of relevant issues by the court, the court may resolve these issues based on the criteria of fairness and reasonableness. Based on the above and in accordance with Articles 223-226 of the CPC RK,
I ASK THE COURT:
Statement of claim for recognition for ______________ the right of ownership to an unauthorized building must be satisfied.
Recognize for ______________ ownership of an unauthorized building: an individual residential building with a total area of 60.1 sq.m., a living area of 37.6 sq.m.; located on a plot of land with an area of 0.0606 hectares, cadastral number ______________ at the address: Almaty, Alatau district, md. 61 Zhapsarbayeva St., Ozhet;
Chairman of the NGO "______________" ______________.
A copy of the certificate of state registration of the NGO "_______________"
2. Copy of the Charter of the NGO "___________________"
3. A copy of the identity card ______________
4. A copy of the resolution on granting the right of temporary paid long-term land use to the land plot ______________ in the Alatau region
5. A copy of the lease deed
6. Copy of the lease agreement
7. A copy of the owner's information
8. A copy of the technical passport
9. A copy of the topographic survey
10. A copy of the technical condition report
11. A copy of the rental receipt
12. A copy of the neighbors' consent with the actual boundaries of the residential area
13. The original report on the assessment of the market value of real estate
14. A copy of the Resolution of the specialized interdistrict administrative Court of Almaty
15. A copy of the payment of the administrative fine
16. A copy of the design license
17. The original receipt of payment of the state fee
18. Certificate of absence (availability) of immovable property 18. Copy of the power of attorney for the representative
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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