HOW TO LEGALIZE A SELF-BUILD – AMNESTY SELF-BUILD

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HOW TO LEGALIZE A SELF-BUILD – AMNESTY SELF-BUILD

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Without legalization of a it is impossible to purchase or sell, donate or conduct any other manipulations with the property. This procedure is necessary to obtain ownership of the building, which was built without the permission of local authorities. Only by legitimizing the construction object can you become its rightful owner and fully use it, dispose of it later. 

Amendments to the law and amnesty

In 2019,to the law “On the regulation of urban development” some amendments and changes were made. The buildings to which these innovations apply include:

  • structures built on a land plot corresponding to its functional purpose;
  • construction projects that are erected without a permitting package;
  • residential self-construction and outbuildings erected in the period from August 5, 1992 to April 9, 2015 (provided that their area is not more than 300 m2);
  • agricultural self-construction, the construction of which was completed before March 12, 2011.

Important! In many cases, it’s extremely difficult to predict the exact completion date. In such a situation, it makes sense to use the construction amnesty to legitimize the erected object.

However, according to the law, some objects are not amnestied. Amnesty does not apply to facilities under construction that are being built on a site not owned by the owner. Also, the building amnesty does not apply to buildings, if the ownership is only partially registered.

According to the order of the Ministry of Regional Development from 01/18/2019 , the procedure for conducting a technical survey and taking self-construction into operation was changed. This must be taken into account when legalizing (in particular, the form of the declaration and the sample mark on the technical inspection have been changed).

Legalization procedure

To legitimize an unauthorizedly constructed object, you must:

  1. Carry out a technical inspection of the building and receive a report. 
  2. Submit to bodies an GASK application, a copy of the registration certificate for the facility with a mark on the technical inspection.
  3. Provide copies and originals of documents that confirm the ownership of the land.

Attention! To go through the technical inspection of the construction industry, you can contact the Bureau of Technical Inventory (BTI) or a certified private engineer. A contract for a technical inspection is necessarily concluded with a private inspector.

If all documents are submitted in full, you will receive written permission to legitimize the unauthorized construction within 10 days from the date of application to the authorized bodies. 

After obtaining permission, it is necessary to assign the postal address to the structure and register the right of ownership. To assign a mailing address, you should contact the local government. Property law is executed by the state registrar.

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