The issue of compensation in demolished areas is very important in terms of protecting people’s lives and property rights. This process is regulated to ensure the rights of the owners, pay their material and moral damages and, at the same time, take into account public interests.
How should compensation be calculated in demolition zones, what factors should be taken into account? Oku.Az examined the topic with experts.
construction expert Nusrat Ibrahimov Read.AzHe said in his statement that according to the demolition rule, the company carrying out the construction must offer a similar object to its owner within a radius of 500 meters, being the center of the area where the object to be demolished is located.
“That is, the construction company must provide the demolition owner with a facility of at least that level, or pay money at the current market value of that facility, and in addition, pay an additional fee for the inconvenience. If a agreement between the then the company will pay for that installation in the building or, as I mentioned, within a radius of 500 meters, it will be able to offer the owner a suitable apartment,” said the expert.
Lawyer Khayal Bashirov while Oku.Azsaid in a statement that, according to Azerbaijani legislation, these issues are resolved on the basis of mutual agreement and the market price is taken as a basis:
“If many people’s houses in an area are demolished, of course there will be those who are dissatisfied with them. These dissatisfactions are mainly related to prices. But what are these prices related to? In fact, since the beginning of the works of construction in Baku until today, about 1,500 – 2 per square meter. The compensation is calculated around 000 AZN. Of course, in the context of price changes, inflation and other economic processes, this price cannot be considered very. fair at the moment.
It must be taken into account that these demolitions are not only carried out by state institutions. In parallel with projects such as the construction of important strategic facilities for the State, the construction of roads, the construction of parks, works are also carried out by individual companies, which try to set the same prices. “It is true that in some areas the dissatisfaction of citizens is taken into account, even if it is mandatory.”
The lawyer pointed out that according to the legislation, traditionally for many years the approach of resolving these problems based on mutual agreement and based on the market price has been applied.
“In other words, although the price of a square meter of buildings built 10 or 15 years ago and the price of buildings built today differ many times, currently, during demolition, citizens are offered compensation prices that are They applied years ago. Of course, citizen dissatisfaction is possible here.
Leaving aside the construction of objects of state importance, strategic projects and other measures of state importance, citizens may not agree on compensation for buildings constructed by some companies. In this case, it is possible to dispute the matter and take it to court. The issue should be resolved in court. But citizens should also keep in mind that they have the right not to accept compensation of 1,500 to 2,000 manats per square meter and can dispute these compensation amounts. “If citizens do not agree with the proposal, the issue should be resolved in court and the interests of citizens guaranteed,” the lawyer said.
Aziza Ismayilova
