Declaration on the commissioning of a residential building

The declaration on commissioning of a residential building allows full use of completed and accepted construction objects, in particular, residential buildings. Current Ukrainian legislation allows commissioning both the entire object as a whole and its individual parts. If we are talking about commercial buildings, their legalization takes place after the residential building is put into operation.

What is the Commissioning Declaration for?

In accordance with current Ukrainian legislation, the use of unauthorized real estate is prohibited. Until the building is put into operation according to the Law, such an object does not exist for all official services (communal, tax, etc.). That is, no legal actions can be taken against him. Only after the Declaration on commissioning is received, the owner of a private house can fully exercise all his rights:

1. Signing various agreements: leases/subleases, sales, leases, donations, etc.
2. Adding a real estate object to the capital of a company, enterprise, etc.
3. Inheritance of a residential building.
4. Using the house to obtain credit funds.

In addition, without receiving the Declaration, you will not be able to connect engineering networks to the residential building:

• Water supply and drainage systems.
• Electrification.
• Gas supply, etc.

Also, the use of real estate without a Declaration may result in fines: up to 19 minimum wages.

That is why we recommend obtaining all the documents regulated by the current legislation at the specified stages: construction permit, construction passport, Declaration on putting into operation.

Declaration registration procedure

The procedure for obtaining the Declaration is clearly defined and depends on the main characteristics and type of real estate object. Important: registration of the Declaration will be required not only for a newly built residential building, but also for reconstruction (if it is a question, for example, of intervention in the load-bearing structures of the structure/building).

The Declaration can be submitted by an authorized person. You can entrust this matter to our real estate specialists - lawyers Prykhodko and Partners.

Today, there are several procedures for making the Declaration:

• The house, the area of ​​which is up to 300 m2.

If such a real estate object was built between 1992 and 2015, a simplified registration procedure can be used (that is, we are talking about "building amnesty").

• The house, the area of ​​which is up to 500 m2.

The construction period is after 1992. There is a general construction procedure based on the construction passport.

• The house, the area of ​​which is more than 500 m2.

The construction period is after 1992. There is a general construction procedure. In this case, the legalization of the real estate object will require a construction project and registration of town planning conditions and restrictions.

To start the Declaration, the first thing to start with is to get consent from all the co-owners of the plot of land. In the presence of disputed situations (for example, the co-owner is outside Ukraine), all disputes can be resolved only in court.

The following documents will be required to obtain the Declaration:

1. Passport and TIN of the owner/co-owners.
2. A document confirming ownership of a plot of land.
3. Documents for the real estate object that has already been erected (in cases of reconstruction).
4. Notification of commencement of construction-related work.

The time it will take to receive the Declaration of legalization of a residential building depends on how correctly the package of documents will be prepared.

In some cases, real estate owners may be refused a declaration. Among the most common reasons:

• All necessary documents were not provided.
• The Declaration contains unreliable, erroneous information.
• Declaration of the old model.
• The construction facility is not ready for commissioning (that was the conclusion of the regulatory authorities).
• Lack of confirmation of their data by the controlling body, executor.

In order to prepare all the necessary documents correctly and as quickly as possible, it is better to contact the real estate specialists of our Prykhodko and Partners law office for help. The goal of our professional activity is to achieve the desired result and provide the entire range of services related to the legalization of real estate objects. The key to our success is an individual approach to each specific case.

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