New rules aim to prevent construction delays over a few objections

Unified criteria have been proposed for calculating compensation for demolished homes and commercial properties.

“Operative Information Center-OMM” reports that Zahid Oruj, chairman of the Milli Majlis Human Rights Committee, made the proposal during a parliamentary session held today.

Oruj said the Constitutional Court had noted that gaps and ambiguities in legislation led to unjustified compensation claims, violations of property rights and construction delays, and had sent proposals to the Milli Majlis to improve the rules. “Sometimes, even when agreements have been reached with dozens of families and millions of manats have been spent on relocation and construction, years of deadlock with one or two property owners prevent a project from getting under way,” he said.

The lawmaker proposed establishing publicly accessible criteria for calculating compensation. He said the Cabinet of Ministers should set a valuation scale, rules for using market prices, differentiated rates by area and mechanisms to update valuations when inflation and construction costs change. “The law should also clearly specify the size of replacement accommodation, the number of rooms, the distinction between residential and non-residential space, the quality of the new apartment, the handover deadline and liability for delays,” he said.

Oruj also highlighted the need to measure the actual area of properties. “The legal and technical status of balconies, basements, auxiliary rooms, verandas, fences, extensions and commercial premises should be distinguished, with independent measurement and valuation, as well as photographic and electronic documentation mechanisms. Areas built illegally after a demolition notice in order to obtain compensation should not be assessed in the same way as actual living conditions that have existed for decades and have been recognized by the state. Properties whose registration has not been completed for technical reasons, legally grounded use, long-standing actual occupancy and new cases of illegal occupation should be treated separately. Once a construction permit has been issued and valuation and contractual offers have been finalized, a reasonable period should be set for reaching an agreement, followed by mandatory mediation and expedited court proceedings. This would protect both the rights of residents who object and the interests of other property owners who agree and then wait for years,” he said.

The parliamentary committee chairman said transparent rules should also govern the valuation of a house or commercial property and the land on which it stands.