On May 30, 2017, the Public Defender addressed the Tbilisi Architecture Service (LEPL) with regard to the violation of the legal interests of the third party as a result of illegal construction.

According to the applicant, the unauthorized construction in his neighbor's property caused lack of air, humidity and darkness in his house, which endangered his and his family’s health. Despite a number of appeals of the applicant, the unauthorized construction was considered legal according to the disputed individual administrative act.

The Public Defender's Office found that the Architecture Service made a decision without studying the possible detrimental effects of the construction on the neighboring property or the health of the third parties, which is especially important since the case concerns the fundamental rights to property, adequate housing and health.

According to the Public Defender, it is important construction requirements not to be met at the expense of violation of third persons’ rights enshrined in the Constitution of Georgia and the universally recognized principles of international law. The Public Defender also explained that reference to the ownership registration cannot rule out making of a decision on legalization in accordance with the legislation, since taking measures against the violator for the construction of a building against the requirements of the legislation cannot be regarded as a violation of the violator’s property rights.

Accordingly, the Public Defender addressed the Tbilisi Architecture Service with a recommendation to revoke the order on legalization of the unauthorized construction and to make a new decision as a result of full examination of the circumstances and by taking into account the legal rights and interests of the third parties.