THE BOUNDARIES OF THE RIGHT TO BUILD AS A MEASUREMENT OF THE LEGALITY OF BUILDING

Abstract

It is made a theoretical and legal analysis of the boundaries of the right to build as a measure of the legality of building in the article. The author states that building as a material and production, economic, social and ecologically oriented activity plays an important socio-economic role in the life of society. And it determines the legally significant nature of building activity. It means, that the building is considered as a legally significant activity. The category “boundaries of the exercise of subjective right” makes it possible to qualify the developer’s actions as lawful or unlawful. The author highlights the differences between the “right to build” as part of the powers of the land plot owner and the “right to build” as a separate property right. According to the legislation of Ukraine, the building is a legal way to conduct a number of subjective rights of a person (rights to housing, ownership rights to land, the right to use a plot of land etc.). Their implementation is implemented through the “right to build”. It is proposed to distinguish the following types of rights to build: based on titles of land ownership, superficies, permanent land use and lease. In connection with this, there are determined the boundaries of the right to build of the owner of the land plot, the superficiary, permanent land users and the tenant. The methodological basis for determining the boundaries of the implementation of the right to build is a complex approach that integrates general law, civil law, and land law principles of the boundaries of the implementation of the subjective rights. It is concluded that the boundaries of the implementation of the right to build are determined by legal restrictions reflected in the principles of law and enshrined in the legislation of Ukraine, restrictions and encumbrances of rights to land, as well as the obligations of owners and users of land plots.