How to put an unfinished building into operation?

Commissioning is the most important procedure for a real estate object, which confirms its full readiness for use for its intended purpose. For unfinished construction, it is somewhat different compared to traditional cases. Below we will examine the features of commissioning unfinished construction and the procedure for the legal procedure.

What should be understood by an unfinished construction object?

An unfinished building is a property that is under construction but has not yet reached a state where it can be officially used. Such properties are generally not ready for operation and are characterized by the following features:

• does not have all the necessary elements for operation;
• cannot be used for its intended purpose;
• has not been put into operation in accordance with current legislation.

What does the procedure for commissioning an unfinished construction project look like?

In the traditional sense, it is impossible to commission an unfinished construction project in accordance with current national legislation. This will need to be done only after all work is completed and its status has changed. However, for the successful commissioning of the project, it is important to take a number of measures at the moment of its identification as unfinished.

The very first step will be to register a special property right to an unfinished construction project. This is possible only if there is appropriate documentation, in particular:

• design documentation;
• agreement with the general contractor;
• urban planning conditions and restrictions;
• notification of the start of construction work (CC1 objects) or permission (CC2, CC3 objects);
• technical passport for real estate.

After the work is completed, it is necessary to re-take a technical inventory of the building or structure to determine the percentage of readiness of the object. After that, initiate the procedure for putting the facility into operation, which will consist of registering the declaration (for objects of category SS1); submitting a certificate of readiness for operation and obtaining a certificate (for objects of category SS2, SS3). For more detailed information, we also recommend ordering a consultation with our real estate lawyer.

Procedure for the correct registration and commissioning of unfinished construction

Registration of the right to unfinished construction

To do this, you need to submit an appropriate application to the ASN or a local notary and accompanying documents (a clear list is specified in Article 27-2 of the Law of Ukraine No. 1952-IV). You will also need to pay an administrative fee (150 UAH) and the cost of the notary's services. Upon completion, the customer can receive an extract from the Real Estate Registry on the registration of the relevant property right.

Conducting a technical inventory

Upon completion of construction work and receipt of certificates of work performed from the contractor, it will be necessary to contact the BTI or another certified organization to develop a technical passport for the facility. It must record the percentage of readiness and the technical condition of the building or structure.

Submission of a declaration / receipt of a certificate of readiness of the facility for operation

Finally, before the state registration of the right of ownership of the newly constructed facility, it is necessary to obtain an appropriate document from DIAM on the commissioning of the facility. Which documents to prepare depends on the class of consequences for the property (as a rule, they will be indicated in the technical passport itself). The forms of the necessary documents are approved in the Resolution of the Cabinet of Ministers of Ukraine No. 461.

How can real estate lawyers of the Law Firm “Prikhodko & Partners” help you?

The Law Firm “Prikhodko & Partners” can provide you with a full range of legal services for the effective and legal registration of unfinished construction. Our real estate lawyers, having qualifications and positive experience in this area, can help by:

• legal registration of registration of the right to an unfinished construction object;
• analysis and collection of documents for further commissioning of the object;
• obtaining construction permits;
• assessment of compliance of the procedure with existing legislative rules (to avoid cases of self-construction and penalties);
• legal support for obtaining a technical passport for real estate;
• representation of interests during state registration of ownership rights (by power of attorney).

Summing up, for an unfinished construction, direct commissioning involves changing its status to a finished object. At the same time, even at the time of its construction, it is necessary to take care of creating favorable conditions for such registration and take a number of measures. In general, the whole procedure is registration of a special property right, technical inventory and submission of relevant documents to DIAM. For successful registration of unfinished buildings, it is recommended to contact qualified lawyers.

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