Amnesty for self-made construction – how to legalize self-construction in Ukraine under construction amnesty?

The issue of construction amnesty in Ukraine became very relevant in 2018. It was at that time that a number of documents were adopted, which allow for the legalization of samobuds according to a simplified procedure. That is, today it is possible to legalize residential, country and farm buildings, which were erected without the presence of relevant permit documents, without any particular difficulties. In this article, we will tell you how to legalize self-construction in Ukraine through construction amnesty. It should be noted that this is one of the services provided by our specialists - lawyers Prykhodko and Partners.

Legislative framework of the issue

In August 2018, Ukrainians once again had the opportunity to legalize those real estate objects that were erected spontaneously. First, they were included in the Law of Ukraine "On the Regulation of Urban Planning", a little later they were defined by the Procedure for Technical Inspection and Commissioning of Various Real Estate Objects. These documents regulated the procedure of simplified legalization of independent construction under construction amnesty.

Peculiarities of the procedure for legalizing self-construction under the construction amnesty procedure

Among the construction objects that can be legalized under the construction amnesty:

• Buildings and structures that are intended for agriculture and were erected before March 12, 2011.
• Houses (individual residential, country, garden). Their area should be up to 300 m2. Construction period - from 05.08. 1992 to 09.04. of 2015.
• Outbuildings and buildings, the area of which is up to 300 m2. The construction period for such objects is indicated above.

Among the documents that will be needed for the legalization of self-build:

• Declaration.
• Reporting data on the inspection of the real estate object (if the area is more than 300 m2).
• A document that is a confirmation of the right of ownership, in some cases, the use of a land plot. The main condition is that the land plot must have an appropriate purpose.
• Technical passport with a corresponding note on passing the examination. A technical passport is required for real estate with an area of up to 300 m2.

Objects that are not subject to legalization under the construction amnesty procedure

It will not be possible to legitimize the self-build according to the simplified procedure in the following cases:

• Absence of relevant documents, where the target destination will be indicated.
• The class of consequences for the object is above CC1.
• Gross violation of construction rules and norms during the construction of the building. That is, the exploitation of such real estate objects can lead to a threat to the health and life of people.

Stages of legalization of self-development

The legalization of independent construction involves the following stages:

• Submission of an application for acceptance of the real estate object into operation. The application is submitted to the State Architectural and Building Control Service.
• Documents are reviewed within 10 working days. After that, a decision is made regarding the registration of the declaration. If deficiencies are found, they are specified specifically with a deadline for their elimination.

It is the registered declaration that is the basis for legalizing ownership of the real estate object.

Assistance of professional lawyers in the legalization of independent construction

Specialists of our law firm Prykhodko and Partners offer a service of high-quality and prompt legalization of independent construction under construction amnesty. We will do everything possible so that you can dispose of your own real estate at your own discretion.

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