Filing a claim for the demolition of an unauthorized building, as a rule, is associated with the need to remove obstacles in the use of the land plot on which this building was erected.
However, it should be borne in mind that if we are talking about the demolition of a capital structure, that is, a building erected on a foundation, with a water and gas supply system, etc., then the nature of the claim is associated precisely with the physical destruction of the structure. If we are talking about utility rooms, sheds, fences, wells, etc., then the claim will be "On the withdrawal of a land plot from someone else's illegal possession." Thus, it is possible to remove the obstacle to the use of the land plot by demolishing an unauthorized building or by withdrawing the land plot from someone else's illegal possession with the obligation of the defendant to release the occupied area from buildings.
In practice, only an expert can determine the capital structure or not, therefore the courts often appoint appropriate expertise in such cases.
When filing a claim for the demolition of unauthorized buildings, the general rule of jurisdiction applies - the court at the location of the defendant. If a dispute has arisen between legal entities, the civil case is considered by an arbitration court. In the event that at least one of the parties to the dispute is an individual, the claim is filed in a court of general jurisdiction.
As required by law, before filing a statement of claim in court, the plaintiff must pay a state fee in the manner prescribed by the Tax Code of the Russian Federation. Since the requirements for the demolition of the building are not of a material nature, the amount of the state fee is fixed.
Requirements for the details of such a claim are standard, they must contain the name of the court, plaintiff and defendant. In the text of the claim, it is necessary to indicate the documents on the basis of which the plaintiff owns the land plot on which the unauthorized construction was erected (for example, a lease agreement, certificate of ownership, etc.), as well as the cadastral number and address of this site.
The plaintiff must substantiate in the application what exactly the violations of his rights and legitimate interests are, as well as what confirms the fact of these violations. For example, you can write that "according to the inspection report of the land plot from such and such a date, carried out by the commission of the authorized employees of the plaintiff, on a land plot with a cadastral number such and such, belonging to the plaintiff on the basis of contract No. _from such and such a number, there are garages erected by LLC "Kirpich".
The regulatory framework for the consideration of disputes in this category of cases is: Art. 2, 27, 28, 60, 62, 76 of the RF LC, as well as Art. 222 of the Civil Code of the Russian Federation.
The pleading part of the claim can be stated as follows: "I ask the court to oblige the defendant to carry out the demolition of unauthorized buildings located on the land plot at the address such and such, cadastral number such and such at their own expense."
Attachments to the claim are drawn up in accordance with the requirements of the Arbitration Procedure Code of the Russian Federation or the Code of Civil Procedure of the Russian Federation. It is imperative, along with the claim, to be sent to the court: a payment order for payment of the state duty, a copy of the plaintiff's constituent documents, extracts from the Unified State Register of Legal Entities for the plaintiff and the defendant (if the arbitration court), a copy of the lease agreement or certificate of ownership, inspection certificates, photographs, etc. …
