Any real estate in Ukraine must have the appropriate technical documents and ownership papers, without which it is considered unauthorized construction. According to the law, such objects are regarded only as building materials, and, for example, it is impossible to sell or donate such a house. Here it is especially important to understand that even the right of ownership of the land on which the self-construction is located does not provide a legal basis for using such real estate. The owner of such real estate may be fined, or he may be forced, based on a decision of the territorial authorities or a court order, to liquidate the building.
In order to avoid all sorts of undesirable consequences, it is imperative to legalize self-construction, which the lawyers of Elionorum will help you do without any problems. There are several procedures that make it possible to legalize unauthorized construction, but today there is a “construction amnesty”, which significantly simplifies the legalization of unauthorized construction, and, moreover, exempts from paying penalties. A similar system applies to:
- Manor, garden, country houses;
- Household and utility buildings and structures;
- Public and agricultural buildings of I and II categories of complexity, which were built from August 5, 1992 to March 12, 2011.
This simplified system will be in effect until the end of 2022.
Ways to legitimize self-construction in Ukraine.
So, in Ukraine, the legalization of self-building can occur in three ways.
First: self-construction can be legalized on the basis of a court decision.
According to the Law, at the request of the owner of a land plot, the territorial judicial authority may recognize the former’s right of ownership of the real estate located on such land. However, there is one important nuance: the court can legalize self-construction only after the completion of construction work.
Thus, a court decision can be considered one of the main documents on ownership when carrying out state registration of newly created real estate.
Second: through the local administration. This method of legalizing self-construction is quite lengthy and complex; in addition, you will additionally have to pay an administrative fine for illegal construction.
To legalize self-construction in this way, you must provide:
- application addressed to the head of the territorial administration;
- construction approval;
- inspection report of the operational commission;
- title document for the property in question;
- a document indicating ownership or possession of the land on which the self-construction is located.
Legalization of unauthorized construction through the local administration often takes more than a year, and the financial side of such an operation can “request” 80% of the cost of the property itself.
Third: legalization of self-construction using a simplified system (one of the most common options, along with the judicial one).
The specifics of this method are described at the beginning of the article, and in fact, it implies the simplest procedure for legitimizing unauthorized buildings. For commissioning, the interested party must submit the following papers to the State Architectural Inspectorate:
- report on the technical inspection of the facility with the corresponding conclusion;
- a copy of the document for the land on which the property should be legalized;
- a duplicate of the technical passport of the BTI;
- a completed declaration on the readiness of the property for operation.
Over the course of a month, the inspection examines the papers and makes a decision on whether to record the declaration or return it. The latter is possible only if the document is drawn up in violation of the general requirements for the procedure.
Legalize self-construction in Kyiv: a simplified scheme.
The current construction amnesty, as already mentioned, is valid until the end of 2022. The difference with previous amnesties is that now state control authorities carefully check the compliance of the legalized building with construction requirements, and also monitor documentary evidence of the construction date.
So, even a simplified scheme is a confusing and time-consuming process, not to mention the other methods indicated. Initially, incorrectly prepared documents can significantly delay the achievement of the goal, or completely cancel out all plans. To legitimize an unauthorized property, it is necessary to turn to specialists, since they are the elements of the mechanism that can successfully complete the matter.
Lawyers of the Elionorum company will help to legitimize self-construction absolutely legally and in the shortest possible time, since our lawyers have extensive experience in such cases. When you contact our company, a team of specialists will provide you with qualified advice, help you make the right decision and achieve your goal under the most comfortable conditions.