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What is the penalty for not legalizing the replanning of an apartment?
Recently, the current Ukrainian legislation has undergone serious changes. They touched, among other things, on normative acts that regulate legal issues related to apartment redevelopment, reconstruction of premises, etc. Today, the legalization of redevelopment of an apartment has become much easier than it was before.
According to the updated legislation, obtaining a permit for the redevelopment of an apartment is not required only in cases where the reconstruction of the premises does not concern its geometric dimensions and quality characteristics. In all other cases, mandatory legalization, i.e. legalization of apartment redevelopment, will be required. PRIKHODKO & PARTNERS lawyers will help you with this.
In what cases is mandatory legalization of redevelopment of an apartment carried out?
Legalization of apartment redevelopment is carried out in the following cases:
- Serious reconstruction of real estate, which leads to a change in its technical characteristics, as well as a change in its size.
- Making changes by former owners without registering them in accordance with the procedure established by law.
In accordance with the legislation of Ukraine, real estate owners are exempted from coordination of works in the process of apartment redevelopment in cases when all performed works do not affect supporting structures and engineering networks. It will also not be possible to increase the number of rooms or expand the living area of the apartment in buildings that are on the balance sheet of public or state funds.
Punishment for not legalizing apartment redevelopment
If you do not legalize the redevelopment of the apartment, you will face the full force of the law. We are talking about both administrative and criminal liability for violation of current legislation. For example, if there was no construction expertise, arbitrary redevelopment can damage the strength of the structure, leading to the collapse of the entire building. Criminal liability is defined by Article 275 of the Criminal Code of Ukraine: correctional labor for up to 2 years, restriction of freedom for up to 3 years. In practice, the actual term of imprisonment is assigned in those cases when arbitrary redevelopment led to serious consequences, serious destruction, and human casualties.
Administrative punishment includes fines. In some cases, they amount to 600 of the minimum income of citizens (Articles 96 and 97 of the Civil Code).
Peculiarities of the procedure for the legalization of redevelopment of an apartment
It will take 20 to 40 days to get permission for redevelopment. As for the term of preparation of project documentation, it is from 5 to 7 days. The rest of the time will be needed to coordinate the developed project documentation with the relevant supervisory organizations. It takes from 3 to 10 days to produce a new technical passport.
Thus, in order to avoid fines, it is necessary to legalize the redevelopment of the apartment. PRIKHODKO & PARTNERS lawyers will help legalize the redevelopment of your real estate. We are waiting for consultations!
To calculate the price of a lawyer's services for the legalization of apartment redevelopment, fill out the form below. We will be able to conduct a consultation, to legalize the redevelopment to avoid a fine.
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Senior partner
Lawyer, specializing in real estate, corporate, financial, tax, civil and contract law, as well as litigation.
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