How to legalize self-construction of a private house?

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Ovsianko Anhelina

Lawyer of real estate, construction and land law

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How to legalize self-construction of a private house?

Reading time: 3 min.

In Ukraine, arbitrary constructions have become a common phenomenon for a long time. Every second building, according to various estimates, is erected in violation of the current permit procedure. In our country, arbitrary constructions reach huge scales. In order to avoid administrative, civil or criminal liability, it is worth legalizing self-build. How to legalize self-construction of a private house? You can do it with the help of professional lawyers of PRIKHODKO & PARTNERS.

What is a self-build?

According to Article 376 of the Civil Code of Ukraine, a self-build is a real estate object that is built on a plot of land that is not allocated for appropriate purposes and without a project and permission documents. The self-build cannot be put into operation. A private house built in violation of current legislation cannot be gifted, sold or mortgaged. This type of real estate will not be able to pass the state registration procedure.

Construction is defined as spontaneous in the following cases:

  • In the process of construction of self-construction, significant violations of construction rules and norms were allowed.
  • There is no permit for the performance of work or a declaration on the start of construction.
  • The purpose of the land plot does not correspond to the construction of a private house.

What is the punishment for arbitrary construction of a private house?

Legalization is a legal process, the result of which is the state registration of ownership of a private house. According to the current Ukrainian legislation, punishment is provided for self-indulgence. Among the types of legal responsibility:

  • Warning. The owner of the self-build receives a prescription from the State Inspection of Architecture and Town Planning (DIAM).
  • Fines.
  • Forced demolition of the building.

In addition, you will not be able to fully exercise the right of the owner. That is, the owner of self-build is not the owner of the building. He does not have the right to sell, exchange, etc. It is also impossible to legally connect the house to utility networks (gas, electricity, heat, water, etc.). This is due to the fact that the basis for concluding relevant contracts is a registered declaration.

Assistance of lawyers in the legalization of self-builds

The legalization of a self-built private house depends on the year it was built:

  • Until August 5, 1992
  • From 08/05/1992 to 04/09/2015

We are talking about individual residential, country, garden houses with an area of up to 300 m2. It is also possible to legalize self-build through the court, however, this is a longer procedure.

It is quite difficult to legalize self-construction of a private house. This is a long legal process, which involves bringing the actually existing self-build to the norms of the current legislation. That is why it is better to entrust this task to real professionals - lawyers of PRIKHODKO & PARTNERS. We carry out legalization of self-construction "on a turnkey basis" and as quickly as possible.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services for legalizing the self-construction of a private house, fill out the form below.

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