“It will be easier to build illegally according to new rules” — Tatiana Tereshchenko for the blog Pravo.ru
Article 222 of the civil code governing the regime of unauthorized construction, on 4 August valid in the new edition (see FL 3.08.2018, No. 339-FL // http://www.pravo.gov.ru, 04.08.2018). Substantive rules became more lenient and facilitate the legalization of unauthorized construction. This means that the positions formed by judicial practice remain valid only in case of non-contradiction to the new rules.
First. Use of land for other purposes or failure to obtain the necessary permits creates the risk of recognition of unauthorized construction, only if such requirements have been established on the date of commencement of construction or creation of unauthorized construction and, most importantly, are valid on the date of detection of unauthorized construction.
Second. Even if the restrictions apply, the construction is not unauthorized, if the owner of the object proves that he did not know and could not know about the effect of restrictions on the construction or creation of buildings in relation to the land belonging to him.
Third. Demolition is no longer a common and major consequence of the detection of unauthorized construction. The norm became softer and more alternative: unauthorized construction is subject to demolition or reduction in compliance with the established requirements.