LAND-LEGAL ASPECTS OF HOUSING CONSTRUCTION
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
The article is dedicated to the issues of the use of houses that are built for the citizens’ residence from the standpoint of the land law. Legal relations concerning land plots for housing as the object have undergone significant changes, in particular, in their legislative consolidation and regulation. Reasoning from this fact, there are some difficulties in practical aspects. Thus, as a result of the amendments made to existing norms and the adoption of new regulations, the definitions of terms, especially those relating to housing construction can differ and vary in land, civil, construction, tax and other branches of legislation. This leads to inconsistent and unsystematic terminology base in general, with certain differences on sectoral and inter-sectoral levels. In particular, one legal concept is defined differently in various normative legal acts by using different terminological units, which leads to fuzziness and ambiguity in understanding and application of legislative requirements. The current land legislation allows siting of land plots for construction and maintenance of a residential building, commercial buildings and garage construction where welling-houses of manor type can be built, as well as land plots provided to citizens for gardening and cottage construction where garden or country houses can be constructed. These types of buildings have the same goal of meeting the housing needs of citizens and the need to service their homes. The comparative analysis of the concepts such as “dwelling house of manor type”, “cottage house”, “garden house” is carried out. It is concluded that such types of buildings are characterized by both common and distinctive features. In addition, the current land legislation provides with the right of a citizen to transfer a garden house into a residential building. However, the grounds for the change of the land plot’s intended function from agricultural or recreational usage into the residential development are not legally determined. The author proposes amendments to the current land legislation.
Authors and Affiliations
О. С. Малохліб
Keywords
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