The institution of unauthorized construction: historical and legal analysis and the influence of Roman law on modern Ukrainian legislation

This article is devoted to a comprehensive study of the institution of unauthorized construction in Ukraine from a historical, legal, and comparative legal perspective. It highlights the stages of its development – from the norms of Roman private law to modern national legislation. It shows that the legal regulation of this institution has evolved from fragmentary and casuistic norms to systematic regulation aimed at reconciling the interests of the state, landowners, and developers. Particular attention is paid to the analysis of the current legislation of Ukraine, in particular the provisions of the Civil Code and the Law “On Regulation of Urban Development,” which define the signs of unauthorized construction, the procedure for its legalization, and the consequences for the legal status of the object and the developer. The main problems of law enforcement practice have been identified: the complexity of licensing procedures, insufficient preventive control, and the ineffectiveness of monitoring mechanisms. The historical and legal aspects are revealed through an analysis of Roman law approaches, where unauthorized construction was considered a violation of the landowner’s rights, while at the same time serving as a basis for acquiring ownership of the structure through the mechanism of accession (accessio). The key principle was “superficies solo cedit,” which established an inseparable link between the land and the structure. The institution of “superficies” is considered separately, which gave a person the right to build on someone else’s land and broad opportunities to use and dispose of the constructed objects. Attention is focused on the reception of the institutions of superficies and building rights in the national legislation of Ukraine, which took place during the codification of civil legislation in 2003 and land legislation in 2007. It is concluded that taking into account the Roman legal heritage and European experience can provide a more effective model for regulating the institution of unauthorized construction in Ukraine, which will combine the protection of owners’ rights, the prevention of offenses, and the development of a balanced urban planning policy.