The court upheld the legality of the decision to demolish the unauthorized “fisherman’s house” in the village of Chornomorske in the Odesa region. The structure, built by Baza-Stoyanka Prichal LLC, was partially located on defense and municipal land for which the company did not have the necessary permits.
This is stated in a ruling by the Southwestern Commercial Court of Appeals.
Lawsuits against the company were filed by the Ministry of Defense of Ukraine and the Chornomorske Village Council. The plaintiffs alleged the illegal seizure of the land plots.
As the court established, the defendant acquired ownership of the building through a series of civil law agreements, and the state registration of the property was carried out solely on the basis of a technical passport—without any permits for the right to build or use the land. The court emphasized that the absence of formally registered rights to the land plot is, in itself, sufficient grounds for recognizing the construction as unauthorized, and that any subsequent resales of such real estate do not create a legal right of ownership.
During the appellate proceedings, “Baza-Stoyanka Prichal” LLC partially withdrew its appeal regarding the Ministry of Defense’s claims, agreeing to voluntarily vacate the defense zone. Having considered the complaint regarding the village council’s claims, the appellate court agreed with the conclusion that the only appropriate and effective way to protect the community’s violated rights is the demolition of the unauthorized structure at the defendant’s expense.
The disputed “fisherman’s house,” with a total area of 58.7 square meters, was located on two legally distinct plots of land—the majority of it (50 m²) occupied defense land used by the Housing and Maintenance Department of the City of Odesa, while the remainder (22 m²) was located on municipal land belonging to the Black Sea Settlement Council.
Юлія Калабайда