A building does not comply with the law. When the owner will have to demolish it
"Arbitrazhnaya praktika" magazine № 1, 2018 published an article of the partner "Mosgo and partners" Anton Shamatonov and the associate of the firm Olga Nasonova named "A building does not comply with the law. When will the owner have to demolish it ".
The article considers one of the practical aspects of unauthorized construction in Moscow – administrative liability of legal entities for violation of the permitted use of land (Art. 6.7 of the Code of administrative violations of Moscow). The authors draw attention to the contradiction in the practice of state authorities – holding liable under the Art. 6.7 of the Code of administrative violations of Moscow in situation when a person does unauthorized construction, without violating the permitted use of land. The article contains an extensive analysis of the Moscow courts cases on the issue, as well as the guide to the appeal procedure against resolutions and improvement notices of the State inspectorate of Moscow for control of use of real estate.
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© Mosgo & Partners. Moscow, 2017.