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Non-residential abandoned buildings: the search for mechanisms for a legal solution to the problem continues

01.12.2022

The working group on the improvement, study and analysis of the issue of ownerless non-residential premises (buildings) in the Supreme Council was created more than six months ago. Deputies and specialists in close cooperation with the Government and local authorities are studying the situation and collecting developments to create a legal mechanism that will quickly resolve the issue of non-residential abandoned buildings. Representatives of cities and regions were invited today to an online meeting to discuss the existing developments and what has been learned over this period from the experience of other countries.

The main focus is on abandoned objects that are privately owned. If the buildings are in state or municipal ownership, the issue is dealt with by local authorities. The things are more complicated with private property. The deputies emphasize that one cannot simply take and take away a privately owned building or premises, even if it is abandoned. There must be good reasons, a clear and exhaustive list of such reasons must be created, so that both owners and executive authorities understand and follow the rules of the game.

The state administration of the city of Bendery shared its experience at today's meeting of the working group. As part of the fight against abandoned buildings, the first amendments to the Civil Code of the Pridnestrovian Moldavian Republic were adopted in the summer. The norms were tested in Bendery at one of the problematic facilities. It was not possible to fully implement the mechanism – the case has not yet reached the court.

The Tiraspol City Council has experience in resolving the issue of abandoned residential premises. Deputies of the Capital proposed to use it in relation to non-residential "abandons". Members of the working group consider that there are "pitfalls" even in such a mechanism.

The working group is studying the experience of foreign countries in the issue of alienation and resolving the issue of ownerless non-residential premises. The task of the Supreme Council, the working group and the state as a whole, the deputies say, is to develop such mechanisms that would be understandable to both the citizen and the executive authorities. The most equitable legislative framework should be developed to deal with the problem of abandoned buildings, especially when it comes to constitutional rights and property rights.

The first substantive developments on amendments to the current legislation are planned to be discussed within a month.