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Perepelchenko Anatolii

Deputy Managing Partner

Lawyer, specializing in real estate, corporate, tax, civil and contract law, as well as litigation.

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PROCEDURE FOR STATE REGISTRATION OF ILLEGAL CONSTRUCTION

The definition of “unauthorized construction” is contained in Article 376 of the Civil Code of Ukraine.

Depending on the circumstances, the task of registration (legalization, legalization) of self-construction can have different levels of complexity:

  • the most difficult option – when the building on the site, which is not issued either in the property or even for rent (self-construction is combined with the seizure of land);
  • the simplest option – when the construction was carried out in the period up to 2015 on the issued land of the appropriate purpose and without violations of building codes and regulations (you can use the “construction amnesty”).

There are several intermediate options between these two extremes. Experts from Prikhodko & Partners have prepared brief explanations on what procedures are used to solve such problems.

General procedure

In the town-planning legislation of Ukraine the procedure of registration of self-builds as such is not regulated. Therefore, to register unauthorized construction means to actually go through the same stages of paperwork that take place before the start of new construction. For more details, see our article “Procedure for commissioning real estate with consequence class CC1”.

Simplified procedure

If the building was erected before 1992, it is enough to make a technical passport, get a certificate (for example, from a country or garden cooperative) confirming the year of construction of the object and register the ownership. That is, the commissioning of such structures is not required.

“Construction amnesty”

If the area of ​​the building does not exceed 300 square meters, and the object was built in the period from August 5, 1992 to April 9, 2015, then you can take another opportunity to simply legalize self-construction. The body of architectural and construction control may accept into construction operation based on the results of technical inspection, without a permit for construction work.

Importantly! As the date of completion of construction works in the case of self-construction is not fixed anywhere, “construction amnesty” can be used in a large number of cases.

Court proceedings

You have to go to court in cases where none of the three procedures mentioned above can be used. It is a question of receiving the court decision on recognition of the property right.

Where to apply for documents?

  • In the Department of Architecture and Urban Planning – to obtain a construction passport of the site.
  • In the Department of State. architectural and construction control – to submit a notice of commencement of construction work, registration of the declaration of readiness of the house for operation.
  • To the Center for Administrative Services (CAS) or to a notary – to register ownership.
  • In other instances, depending on the specific situation.

Do you want to simplify the process of collecting documents? Contact the lawyers of Prikhodko & Partners Law Firm.

According to Article 376 of the CCU, self-construction is not subject to property rights! The house cannot be sold / exchanged / inherited, and communications cannot be legally connected to it. A fine is envisaged for self-construction.

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