The Issue of Illegal Construction in Azerbaijan: Legal Framework, Implementation and Reform Proposals
DOI:
https://doi.org/10.65380/bhd.2025.1.4Keywords:
Illegal Construction, Property Rights, Property Registration, Expropriation, Property AmnestyAbstract
Azerbaijan has long faced challenges arising from the spread of illegal constructions and unauthorized settlements, with official data showing approximately half a million such structures across the country. These unregulated constructions contribute to social complications and hinder the efficient operation and development of the housing, real estate, and urban planning sectors. Currently, courts are handling numerous cases involving ownership disputes and potential demolitions linked to these constructions. Registering illegal constructions is seen as a step towards affirming citizens' property rights while boosting state revenue. This article traces the historical development of the illegal construction framework in Azerbaijan, analyzes its legal characteristics, and reviews the civil-legal structures governing it. It assesses legislative provisions on recognizing ownership or enforcing demolition of such constructions. The article also highlights legislative and judicial challenges surrounding this issue and proposes a range of solutions. Its central goal is to examine theoretical and practical issues associated with illegal construction, define the institution's core features, and suggest ways to improve the legal regulation of ownership rights over such structures. Drawing on these insights, the article presents specific recommendations for refining existing civil laws and judicial approaches.
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