UNFINISHED CONSTRUCTION

Currently, there are a large number of unfinished construction projects in Ukraine, and an even larger number of these facilities are under construction. Therefore, today the issue of determining the object of unfinished construction and the procedure for registration of ownership of the object of unfinished construction remains quite relevant.

An object of unfinished construction is a construction object for which a construction permit has been issued, the costs of its construction have been incurred and it has not been put into operation in accordance with the legislation.

Nowadays, objects of unfinished construction are very common, are the subject of scientific discussions, are applied in practice, and thus arouse the interest of lawyers. Since they are not removed and are not restricted in civil turnover, they can be freely alienated, be the subject of civil contracts (purchase, sale, gift, etc.).

The object of unfinished construction has the general features of real estate:

- close connection with the land plot;

- the impossibility of moving the object without its depreciation and change of purpose;
- State registration.

At the same time, along with the general features of the object of unfinished construction, it also has special features that allow it to be distinguished from other construction projects.

- observance of the order of creation - construction of the object is carried out on the lawfully occupied land plot on the basis of the duly approved design and permit documentation, with obligatory observance of building norms and rules;

- impossibility of operation of the object - the main feature of the object of unfinished construction, which determines its legal nature and directly affects its legal regime. After all, each real estate object has its own purpose, the purpose of which is to meet various socially useful, household, residential or industrial needs. It is the lack of construction readiness of the object of unfinished construction that leads not only to the impossibility of being put into operation, but also to the impossibility of being used for its intended purpose in accordance with the purpose for which it is being built.

[/ su_note]

[su_note note_color=”#ffffff” radius=”5″]

Clause 68 of the Resolution of the Cabinet of Ministers of Ukraine of December 25, 2015 № 1127 provides that the following documents are submitted for state registration of ownership of an object of unfinished construction:

1) a document certifying the real right to the land plot under such object (except for the case when the real right to the land plot is already registered in the State Register of Rights);

2) a document that in accordance with the law gives the right to perform construction work;

3) technical passport for the object of unfinished construction.

A document that in accordance with the law gives the right to perform construction work is not required if the registration of such a document was carried out in the Unified Register of Documents.

[/ su_note]

[su_note note_color=”#2290c3″ text_color=”#ffffff” radius=”5″]

In this case, the state registrar in accordance with the information provided by the applicant in the relevant application on the registration number of the document, which in accordance with the law gives the right to perform construction work, must check the registration of such a document in the Unified Register of Documents. contained in the specified Register.

For state registration of ownership of an object of unfinished construction subject to privatization, the following documents are submitted:

1) a document certifying the real right to land under such object (except for cases when the real right to land is already registered in the State Register of Rights or when by decision of the state privatization body the sale of unfinished construction is carried out for dismantling without land plots);

2) a copy of the order of the State Property Fund on the inclusion of the object of unfinished construction in the list of state-owned objects subject to privatization;

3) a copy of the order of the state privatization body on the decision to privatize such an object;

4) technical passport for the object of unfinished construction.

State registration of ownership of an object of unfinished construction, acquired on the basis of a contract, is carried out on the basis of such a contract.
As a result of registration actions, the state registrar and notary issue an extract on the state registration of rights.

[/ su_note]

[su_button url = ”https://prikhodko.com.ua/ua/reyestratsiya-prava-vlasnosti-2/#4 ″ style =” flat ”background =” # 9f9f9f ”color =” # 000000 ″ size = ”10 ″ wide = ”yes” center = ”yes” radius = ”5 ″ icon =” icon: check ”icon_color =” # 000000 ″] Lawyers of the law firm "Prikhodko and Partners" will provide you with a full range of legal services at all stages of the registration process. [/ su_button]

By using our services, you quickly and efficiently exercise your right to own, use and dispose of real estate.