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Newsletter Russia Practice, Unauthorised structures, August 2018

Unauthorised structures: new approaches and amendments to legal regulation

Federal Law No. 339-FZ dated 3 August 2018 entered into force on 4 August 2018 (hereinafter the “Law” or “Law No. 339-FZ”). It introduces material amendments to Article 222 of the Civil Code of the Russian Federation (RF Civil Code) on unauthorised construction and certain other norms of the RF Civil Code. The Law aims to improve previous norms of the RF Civil Code on unauthorised structures whose practical application raised a number of complex issues. For these purposes, the Law updates the concept of an unauthorised structure and clarifies the specific structures that do not fall under that category. The Law also expands the options for “legalising” an unauthorised structure and limits the instances in which the local government authorities may adopt decisions to demolish an unauthorised structure without a court decision.

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