Azerbaijan's Arbitrary Construction Phenomenon: Unraveling the Legal Landscape
Year: 2025
Type: article
Abstract: Azerbaijan has long faced challenges arising from the spread of arbitrary constructions and unauthorised 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 arbitrary constructions is seen as a step towards affirming citizens' property rights while boosting state revenue. This article traces the historical development of the arbitrary construction framework in Azerbaijan, analyses its legal characteristics, reviews the civil-legal structures governing it, and assesses legislative provisions on recognising 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 arbitrary 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.
Author: Khalilov, Natig
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7087776782
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