Keywords
arbitrary construction, real estate, property rights, right to housing, property registration, expropriation, property amnesty, property reform
Abstract
Azerbaijan has long faced challenges arising from the spread of arbitrary constructions and unauthorized 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 will trace the historical development of the arbitrary construction framework in Azerbaijan, analyze its legal characteristics, and review the civil-legal structures governing it. It will assess legislative provisions on recognizing ownership or enforcing demolition of such constructions.
The article will also highlight legislative and judicial challenges surrounding this issue and propose 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 will present specific recommendations for refining existing civil laws and judicial approaches.
Repository Citation
Natig Khalilov,
The Legal Governance of Arbitrary Construction in Azerbaijan: Current Issues and Paths to Reform,
17 J. Civ. L. Stud.
(2025)
Available at: https://digitalcommons.law.lsu.edu/jcls/vol17/iss1/16