Legal regulation of urban development activities and legalization of unauthorized construction: experience of selected European Union countries

Abstract

The article examines the peculiarities of legal regulation of urban development activities and mechanisms for legalizing unauthorized construction in selected European Union member states. The relevance of the topic is due to the prevalence of illegal construction in Ukraine, the imperfection of licensing and control procedures in the field of urban development, as well as the need to form an effective model of legal response in the conditions of post-war restoration of territories. The complex interdisciplinary nature of the relevant legal relations requires a coordinated combination of administrative, civil, land, and financial law.
The purpose of the article is to conduct a comparative legal analysis of the regulation of urban development activities and procedures for legalizing unauthorized construction in France, Great Britain, Poland, and Germany, as well as to identify opportunities for implementing positive European experience in the national legislation of Ukraine.
The study found that in most European legal systems, unauthorized construction is considered not only as grounds for sanctions, but also as a legal fact, the consequences of which can be regulated by bringing the object into compliance with urban planning, environmental, and technical legislation.
The European model is characterized by preventive spatial planning, a significant role for local authorities, transparency in decision-making, and discretionary powers to assess the impact of violations on public interests. The feasibility of introducing clearly defined criteria for the admissibility of legalizing unauthorized construction, expanding the powers of communities, and strengthening preventive control mechanisms in Ukraine has been substantiated, taking into account the principles of the rule of law, proportionality, and legal certainty.