STATE BUILDING NORMS AS A SAFEGUARDING ELEMENT OF THE LEGAL MECHANISM FOR REGULATING CIVIL RELATIONS CONCERNING REAL ESTATE

Abstract

This article examines the safeguarding functions of state building norms with regard to the rights and legitimate interests of parties to civil property legal relationships concerning real estate under construction, completed real estate projects, as well as immovable property that may be subject to potential negative impacts from a construction project during its construction or exploitation. The author defines the nature of state building norms as instruments of legal regulation of social relations in the field of construction. It is noted that state building norms largely determine the level of legal safeguarding of the health and lives of individuals who construct and operate (use) constructed real estate objects, as well as the property rights of individuals and (or) legal entities to real estate objects under construction and already constructed objects, as well as to real estate objects located within the range of potential negative impact from the relevant objects under construction or already constructed objects. At the same time, it is recognized that the primary determinant of the safeguarding orientation of state building norms is the need to safeguard the life and health of the relevant individuals. It is established that a significant portion of state building norms is focused on preserving the safety of a construction project after its completion, which is ensured by compliance with requirements for the structural elements of the project under construction, as well as rules governing its location relative to other structures during the development of a settlement’s territory. In addition, some state building norms are aimed at safeguarding the rights and interests of owners and users of existing real estate properties located adjacent to objects under construction. This generally involves the preservation of real estate (safeguarding of property rights), which is achieved in particular, by maintaining fire safety distances from existing real estate during the construction of new structures, as well as the creation of conditions for the proper use of real estate, achieved, in particular, by complying with requirements to protect individuals from the negative effects of noise and vibrations (safeguarding of the right of use). The specific nature of the safeguarding impact of state building norms on civil relations is defined, which embodied in both immediate preventative measures and long-term sustainability, reflected in ensuring the safeguarding effect of relevant measures both during the construction of a real estate object and during its exploitation.