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LEGALIZATION OF UNAUTHORIZED CONSTRUCTION

Legalization of real estate is a fairly simple and necessary legal procedure, the result of which is state registration of ownership of the construction. If this registration process is not completed, the owner is faced with a number of problems: from fines to the forced demolition of the building. In order to avoid these problems, it is necessary to prepare in advance for the process of designing a building for a specific citizen.

What construction is considered unauthorized?

Self-construction is subject to legalization in such cases: the

  • building was built on the territory, the purpose of which does not imply the construction of any structures;
  • construction is carried out without signing a declaration on the planned construction work and in the absence of an approved project;
  • constructionpermission is carried out withoutwithout observing the relevant rules and regulations.

More details about the official definition of such structures are set out in article 376 of the Civil Code of Ukraine.

The procedure for legalizing and registering property rights The

legislation provides for a simplified procedure for accepting a building into operation and appointing its owner. It is applicable to the class of objects that were built from 08/05/1992 to 08/09/2015 and at the same time have an area of ​​not more than 300 m2. Also, according to the “simplification”, it is possible to2011.Automated Aviation Administration registerstructures agriculturalthat were erected before March 12, 

To register and obtain ownership rights for such structures, it is first necessary to carry out a technical examination, and then submit an application to the State. The authorized bodies are obliged to accept thefor free unauthorized construction object operation within 10 business days after the application is submitted. 

Read more about the process of commissioning buildings of this type in the Order of the Minister of regional development “https://zakon.rada.gov.ua/laws/show/z0976-18” dated July 3,2018  No. 158.

Regardless of the type and year of construction, the application must be accompanied by a package of documents: a

  • completed declaration (in duplicate);
  • report confirming the technical inspection;
  • technical certificate;
  • a document certifying the right to use the land on which this building was erected.

Important! Ownership of an unauthorized property occurs from the moment of state registration. After accepting the building for operation, you need to contact the Center for the provision of administrative services for the state registration procedure.

Details on the procedure for registering rights are described in paragraph 41 of the Resolution of the CMU of 12.25.2015 No. 1127

In the event of a dispute when, for example, an unauthorized building was erected on a site belonging to a third party, the issue of legalization is decided through the court. A lawsuit must be filed with a court of general jurisdiction at the location of an unregistered property (regardless of its size and purpose).

Author: Nikolai Baranovsky

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