Thursday02 January 2025
ord-02.com

The appellate court has ordered the demolition of an illegal structure on the outskirts of Lviv.

The city council has not issued permits for the development of the municipal land.
Апелляционный суд обязал снести незаконное строительство на окраине Львова.

The Western Appeal Economic Court has ordered PP "Dzhereami" to dismantle the unauthorized construction at 338 Stryiska Street. The building was erected on municipal land without permits and has been sold several times since then.

This concerns a plot of land covering 0.03 hectares at 338 Stryiska Street in Lviv, which is owned by the Lviv City Council. However, over the years, this plot has effectively been used by PP "Kazka 74," despite the city council not granting any permits for this. On this plot stands a non-residential building with a total area of 162.4 m2, owned by PP "Dzhereami." Nevertheless, neither the city council nor the State Architectural and Building Inspectorate issued any urban planning conditions, restrictions, or other construction permits for this building.

Due to the unauthorized construction, the city council is unable to utilize the municipal land, prompting them to seek a court order for the building's demolition and the plot's clearance. During the court proceedings, it was revealed that the initial ownership rights for the property at 338 Stryiska Street, covering 145 m2, were registered back in 2008 in the name of entrepreneur Yevhen Mykhailiv based on a ruling from the Economic Court. This registration was later annulled by the Supreme Court; however, in 2009, he managed to sell the property to PP "Motor," and in March 2023, state registrar Ihor Dushek from the Solonkivska Village Council registered the ownership rights to PP "Kazka 74." Three months later, the company sold the already constructed unauthorized building to PP "Dzhereami."

In April 2024, the Economic Court ordered PP "Dzhereami" to vacate the municipal plot and dismantle the unauthorized construction. Additionally, the court decided to terminate the company's ownership rights to the building with an area of 162.4 m2. The company attempted to appeal this decision, but in October, Judge Oksana Zvarych of the Western Appeal Economic Court upheld the Economic Court's ruling regarding the demolition of the unauthorized building. This ruling can be contested in cassation.

According to the analytical system YouControl, PP "Dzhereami" was registered in January 2023 in Lviv at 17 Hasheka Street and is engaged in wholesale trade. The sole owner and director of the company is Olga Oliyar, a resident of Kamyanka-Buzka.