Do I need to obtain permits for redevelopment of the apartment?
This question is faced by almost every person who plans to carry out relevant work. This is due to the fact that the implementation of redevelopment allows you to optimize the area of any room, add or separate a room, or, conversely, increase the area due to the neighboring room. Renovation is often understood as repair work associated with changing the location of the walls in the apartment, compared to their original location. However, this statement is not true.
First of all, it should be noted that the current legislation of Ukraine does not explicitly define what redevelopment is. To do this, lawyers are guided by the Rules of maintenance of residential buildings and adjacent areas from 17.05.2055.
Thus, the following actions are considered redevelopment:
- removal and dismantling of partitions;
- transfer and installation of doorways;
- arrangement and re-equipment of vestibules;
- extension of balconies on the ground floor level of a multi-storey building.
Civil law provides that the owner uses and disposes of his property at his own discretion.
In addition, Article 383 of the Civil Code provides that the owner of the apartment may, at its discretion, make repairs and alterations to the apartment. At the same time, such changes should not lead to violations of the rights of owners of other apartments and premises, not to violate sanitary requirements and rules of operation of the house.
Regarding the normative regulation of this issue, it is also worth mentioning the resolution of the Cabinet of Ministers of Ukraine “On approval of the list of construction works that do not require documents entitling them to perform, and after which the facility is not subject to commissioning” from 07.06. 2017 № 406.
Thus, real estate activities related to redevelopment do not require any permits, which facilitates the work process and saves time. However, as in every rule, the redevelopment procedure contains an exception. If your apartment is located in a house that is part of the historical and cultural heritage, then obtaining permits, even for redevelopment, is mandatory.
In any case, if you have planned to carry out construction manipulations with structures in real estate, we advise you to consult qualified specialists, namely real estate lawyers. Obtaining building permits is always easier than legalizing actions taken without proper permits.
Neglecting legal issues when interfering in the construction of real estate will create significant problems in the future for its owner, in particular the alienation of such property.
In the structure of the law firm “Prikhodko and Partners” there is a whole legal department for real estate. Our specialists know and are able to choose the most optimal option in a particular case.