Unlawful construction: the case-law of the European Court of Human Rights
LTReikšminiai žodžiai: Žmogaus teisės; Teisės aktai; Human rights; Acts of law.
ENTwo main groups of the compaints of individuals and companies can be discerned in the process of building construction. First, they argue that the refusal of the State authorities to issue building permission breaches the domestic law and accordingly their rights. Second, the individuals and companies are ordered to demolish their arbitrary (unauthorised) and other unlawful constructions. In this connection it should be explained that arbitrary construction is a construction of the building or part thereof having no building permission or carried out in violation of essential requirements (like the location of the building on the land, the purpose of use of the land plot or the building/parts thereof is changed, permitted building height is changed) in the building permission given by the authorities. The definion of unlawful construction includes the cases of arbitrary construction and all other cases of unlawful construction. Therefore, unlawful constructions also cover the constructions which are carried out breaching even not essential building conditions and other requirements of the legal acts. The issues of refusal to give a building permission and the issues of demolition of the buildings in case of the unlawful constructions still raise problems in the States, including Lithuania. For example, in Lithuania the numbers of arbitrary construction albeit are decreasing in the last years, but are still rather significant. The statistics are as follows: in 2015 there were 459 examples of arbitrary construction, in 2016 – 482 and in 2017 – 373. [Extract, p. 55]
