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Chernikov Dmitry

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LEGALIZATION OF INDEPENDENT CONSTRUCTION OF INDIVIDUAL (MANOR) RESIDENTIAL, GARDEN AND COUNTRY HOUSES BUILT BEFORE 05.08.1992

The issue of commissioning of real estate was first regulated during the independence of Ukraine by the Resolution of the Cabinet of Ministers of Ukraine №449 of 05.08.1992 “On the procedure for acceptance into operation of completed state-ordered objects”.

Current legislation stipulates that the facility must be commissioned to legalize unauthorized construction. The time when the facility was built is an important factor. If individual (manor) residential buildings, garden, country houses, farm (homestead) buildings and structures, extensions to them, were built before August 5, 1992, they are not subject to commissioning.

At the same time, the legislation on state registration of real property rights provides for two options for registration of ownership of the above objects. Depending on whether the economic accounting was carried out on the territory of a certain administrative-territorial unit, the package of documents submitted for state registration will differ.

The first option is regulated by paragraphs 77-79 of the Procedure for state registration of real rights to immovable property and their encumbrances, approved by the Cabinet of Ministers of December 25, 2015 № 1127. Registration of ownership of individual (manor) houses, garden, country houses, farm (homestead) ) buildings and structures, extensions to them, completed by August 5, 1992 is carried out in the presence of information about its technical inventory and the assignment of such object address, obtained by the state registrar from the Unified State Electronic System in the field of construction.

If the house is built on a plot of land, the ownership of which is registered in the State Register of Real Rights, a document confirming the assignment of the address is not required. In this case, the application for state registration must indicate the cadastral number of the land in order to determine the location of the land on which the facility is built.

A document confirming the acceptance into operation of the completed construction objects, namely individual (manor) residential buildings, garden, country houses, farm (homestead) buildings, is not required.

The second variant of registration is regulated by the Law “On state registration of real rights to immovable property and their encumbrances”. For state registration of property rights to individual (manor) residential buildings, garden, country houses, farm (homestead) buildings and structures, extensions to them, which were completed by August 5, 1992 and located in the territories of village, settlement, city councils , which in accordance with the law carried out economic accounting, and in respect of these properties has not previously been the state registration of property rights, are submitted:

  • extract from the economic book, provided by the executive body of the village council (if such a body is not created – the village head), village, city council or the relevant archival institution;
  • a document certifying the real right to the land plot under such object, except for the case when such real right is registered in the State Register of Rights.

For the implementation of state registration of property rights to these objects, the document certifying the real rights to land under such object may also be considered a decision of the relevant council on the transfer (provision) of land for use or ownership.

Carrying out of technical inventory on houses, economic (homestead) buildings and constructions, extensions to them, constructed till 05.08.1992, is optional if the corresponding council carried out economic accounting and in the extract from the economic book which is provided for the state registration of the rights. , available information on the technical characteristics of real estate.

Please note that the total and living area of ​​the object are mandatory information that is entered into the State Register of Rights during the implementation of the relevant registration actions.

In the first and in the second case, it is desirable to obtain information from the Bureau of Technical Inventory on the lack of state registration of ownership of the property, as the real right to the object could be registered on paper until 2013 and the relevant records are missing in electronic registers.

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