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RESPONSIBILITY FOR NON-AUTHORIZED CONSTRUCTION. WHAT EXPECTS VIOLATORS?
Unauthorized construction is real estate built without special permits and not passed through the registration of local government agencies. We are talking not only about houses or cottages, but also about buildings for household purposes.
Unauthorized construction: in what cases does the developer violate the law?
Structures and adjoining buildings are considered unauthorized construction if:
- Erected on a land plot that does not correspond to the purpose.
- There is no document - a building permit or a complete construction project.
- There are violations of current regulations and building rules.
Important: the person who carried out unauthorized construction is not the owner of the consolidated property. The building must be erected in accordance with the approved draft rules and regulations for construction in Ukraine.
Punishment for unauthorized construction
The type and extent of responsibility depends on the following factors:
- Type of violation.
- Consequences of violations.
- Category of complexity of the construction object (private house, high-rise building, etc.).
- The subject of the violation (legal entity, individual or entrepreneur).
Penalties for unauthorized construction in Ukraine:
- Administrative responsibility
According to the court decision, the amount of the fine can be up to 18 non-taxable minimums. A fine is imposed when a building is erected without a permit and a project, with violations of construction standards. Also, administrative responsibility awaits a person who commissioned a building erected unauthorized.
- Criminal liability
Criminal liability threatens the developer in cases where he illegally occupied a piece of land and independently built a house or other structure.
The sphere of unauthorized construction is regulated by the State Architectural and Construction Control. It is on his claim to the court that the developer faces administrative or criminal liability.
Features of the legalization of unauthorized construction
In order to become the legal owner of real estate, it is necessary to go through all the stages of registration of property rights without fail. Any construction is legalized in the manner regulated by the legislation of Ukraine. If there is no certificate of registration, squatter construction, regardless of purpose and size, is considered illegally consolidated.
According to the above facts, from the legalization of unauthorized construction, it is better not to hesitate. To resolve this issue, it is better to contact qualified specialists.
The legalization of unauthorized construction provides for the legal execution of documents for already built real estate.
To legalize such real estate, you need to collect the following documents:
- Passport of a citizen of Ukraine, TIN.
- Technical certificate.
- Construction project.
- A document confirming the lease or ownership of the land plot on which the samostroy is located.
The law firm "PRIKHODKO & PARTNERS" will help you legalize unauthorized construction in Kyiv and the Kyiv region. We are engaged in the preparation of the necessary documents, as well as assist in state registration. We will be happy to help!
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Lawyer, specializing in real estate, corporate, financial, tax, civil and contract law, as well as litigation.
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