Legal Aspects of Illegal Construction in Azerbaijan: A Comparative Perspective

Abstract Azerbaijan faces significant issues with illegal construction, with around 400,000 such structures reported nationwide. This phenomenon creates social problems and obstructs the growth of the housing, real estate, and urban planning sectors. Courts are currently handling disputes over ownership and potential demolition of illegal buildings. Potential legalizing of these constructions could secure property rights and increase state revenue. This article explores the historical development and legal characteristics of illegal construction in Azerbaijan, examining the private law framework governing it. It reviews legislative measures for recognizing ownership of these constructions and enforcing their demolition, while also identifying challenges within the legal system and proposing solutions. Addressing illegal construction in Azerbaijan also involves the judicial adaptation of European Court of Human Rights precedents, with their application helping to balance civil rights and public interests. The article also provides a comparative perspective on the illegal construction phenomenon in Italy, Greece, and Turkey, offering valuable insights for reforming Azerbaijan’s legal and judicial frameworks.