The Chamber of Civil Cases of Supreme Court of Ukraine on June 8, 2016 reviewed the case number 6-530cv16 about the obligation to remove obstacles to the use of premises.

During considering was formed the legal position about illegal redevelopment which causes interfering in the use of joint property (stairs) in the house.

Article 41 of the Constitution states that usage of the property may not cause harm to the rights, freedoms and dignity of citizens, the interests of society, aggravate the ecological situation and the natural qualities of ground.

According to article 13 of the Constitution the property obliges. Property shall not be used to the detriment of man and society.

In accordance with the second part of Article 386 of the Civil Code the owner who has reason to believe in possibility of a violation of his property rights by any other person may apply to the court and ask to ban of acts that may violate his right or with the requirement of having committed certain actions to prevent such a breach .

For the purposes of Article 391 of the Civil Code the property owner has the right to demand the removal of obstacles to the exercise of the right to use and dispose of their property.

In revising case local court made a decision, which agreed by the court of third instance, in which he had come to the reasonable conclusion that the redevelopment of the input vestibule of the house was carried out without complying with the legal order and does not meet the standards in the field of urban planning legislation, resulting in a violation of the rights and interests of the plaintiff, because it caused blocking of the entrance to the stairs which leads to her  ownership in non-residential premises.