Problematic Issues of Protection of the Rights of Owners of Neighboring Property in Issuing Construction Permits and Construction Planning

Abstract

The article deals with the issues related to the protection of the property rights of neighboring property while construction planning and issuing construction permits. The mentioned issue is one of the cornerstones of the construction law. The importance of the issue is due to a significant increase in construction activity in recent years and issues of protection of the rights of persons participating in this process as well as the issues of protection of the rights of those who are directly or indirectly related to civil work. In addition, it should be emphasized that the growth of architectural-building activities is directly related to the improvement and development of the legislation in this sphere; therefore an important challenge is the analysis of the applicable legislation and the study of the probabilistic issues identified during its practical use. The article focuses on the basic concepts of the construction law and its constitutional-legal basis, the rules and stages for issuing building permits, peculiarities of administrative proceedings, participation of persons interested in production and protection of their interests. It also reviews the legal status of the owners of the neighboring property while building the construction, which is necessary for the effective protection of their rights. In addition, the shortcomings existing in practice, specific positions related to the matter are reviewed and the specific ways of elimination of deficiencies are discussed, which hopefully will make its modest contribution to the development of the relevant field.