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The Construction Law defines the purpose of a structure as the purpose of use of the structure (for people living, commercial or other economic activities) specified in the public record, when the structure meets the mandatory requirements for safety and planned activities ( performed). (technological process). documents.
The Technical Regulation for Construction STR 1.01.03: 2017 “Classification of Structures” (Regulation) specifies two groups of building purposes: residential and non-residential buildings.
According to the provisions of the Regulation, a building is assigned to one or another purpose group (subgroup) if all or most of its total area is used for that purpose. Residential premises in non-residential buildings should be separated from other premises by partitions, have separate entrances and separate engineering systems (shut-off valves, metering devices, valves, etc.).
Thus, auxiliary agricultural buildings belong to the group of non-residential buildings. The regulation states that auxiliary farm buildings include family farm buildings, auxiliary farm buildings (barns, barns, warehouses, garages, summer kitchens, workshops, saunas, solid fuel tanks (firewood) and the like, which serve the main article.
However, if in the auxiliary farm building the lesser part of its total area corresponds to the technical construction regulation STR 1.07.03: 2017 “Procedure for technical and operational supervision of structures. Procedure for the Creation of New Real Estate Cadastre Objects ”according to the procedure established in Chapter IX, it would be constituted as a separate real estate object and the purpose of these premises would be changed to residential, said premises could be inhabited.
In summary, it can be affirmed that the auxiliary farm, without changing its purpose, cannot be used either as a residential home or as a building for commercial activities.
Therefore, building users must use the building (its facilities) for its intended purpose. The responsibility of natural persons for the use of a structure (its facilities) in violation of the established requirements and (or) the use for other purposes is established in Article 359 of the Code of Administrative Offenses of the Republic of Lithuania.
Use of the structure (its facilities) in violation of the requirements established in the Construction Law and other legal acts and (or) use not in accordance with the purpose, except in cases where the structure (its facilities) is used in accordance with the purpose and in accordance with the procedure established by the Government of the Republic of Lithuania from 140 to 1,500 euros. A repeat administrative offense carries a fine of between € 200 and € 3,000.
We remind you that in accordance with the provisions of article 49 of the Construction Law, the use of buildings is supervised by the municipal administrations. These public administration entities also apply administrative liability for violations (including – for improper use of the building or its part).
