The Administrative Court of Armenia Ordered Yerevan Municipality to Approve the Ventilation Duct Design
- 2025-05-23
Our client filed a claim before the Administrative Court of Armenia, requesting that the Yerevan Municipality be ordered to approve a conceptual (sketch) design for the installation of a ventilation duct on the façade of a residential building in the Nor Nork district.
The Municipality had rejected the approval of the design, citing Article 8 of the RA Law on the Management of Apartment Buildings, arguing that the applicant had failed to present written consent from the owners of adjacent apartments. According to the administrative authority, such a project could not be approved without co-owners’ consent.
After analyzing the factual and legal aspects of the case, the Court noted that the applicant had submitted the request on April 14, 2022, and at that time, Government Decision No. 596-N of March 19, 2015 was applicable. This decision did not require the consent of co-owners in such circumstances.
Moreover, the Court emphasized that the installation of a ventilation duct is not structurally significant enough to affect the building’s integrity or infringe upon co-owners' rights. As such, the legal provision relied upon by the Municipality was not applicable in this context.
The Court concluded that the administrative act did not conform to applicable law and had been issued based on a misinterpretation of legal norms.
As a result:
- The Municipality’s decision to reject the design was declared null and void;
- The Municipality was ordered to approve the proposed sketch design.
This judgment underscores the importance of accurate application of normative legal acts by administrative bodies, especially when exercising authority that may restrict the rights of citizens or economic operators.
Notice:
The decision of the Administrative Court of Armenia in case No. VD/3448/05/22 has entered into legal force.