Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
A statement of claim for the recognition of the right of ownership of self-construction
According to the current legislation, every person who owns real estate has the right to free possession, disposal, and use of his living space. However, for this you need to go through the procedure of legalization of the real estate object and your ownership. In this article, we will consider the issue of filing a claim for recognition of the right of ownership for self-construction. Our real estate experts will help you in this matter.
Peculiarities of acquiring the right of ownership
Among the cases of acquisition of ownership of real estate:
- The original
Such rights arise for the first time on real estate objects. We are talking about the privatization of a plot of land, the transition of a house/apartment from state or communal ownership to private ownership.
- Derivatives
Derivative rights of private property arise as a result of:
- Drawing up a sale or donation agreement.
- On the basis of a court decision.
- In the process of inheriting property that has been legalized.
- Other cases defined by current legislation.
As for the recognition of ownership of self-construction, this is a more complicated issue. In some cases, it will be necessary to go to court to recognize such a right.
If, for example, the ownership right to self-build is registered for a specific person, while the procedure defined by Article 376 of the Civil Code of Ukraine was not followed, this will lead to quite serious consequences.
In order to legalize unauthorized construction, it is necessary to go through the following stages:
- Contact the state authority competent in these matters.
- Get a solution.
- Apply to the court with a statement of claim for recognition of the right of ownership of self-built construction.
We remind you that self-build is a real estate object erected without permits. Sometimes the construction of such objects is accompanied by serious violations of urban planning and construction regulations.
Current legislation defines which objects belong to self-builds:
- Extensions without proper documents. For example, an outbuilding was attached to a residential building without the necessary permits.
- Objects erected on a plot not intended for construction.
- Any construction without permits.
Among the cases that lead to a judicial settlement of the case regarding the legalization of the real estate object:
- A dispute that arose between co-owners of a self-built real estate object.
- Impossibility of putting the real estate object into operation, refusal of registration without existing grounds.
- Division of property in the process of divorce.
- Necessity of recognition of the right of ownership of self-build during inheritance.
- Other cases.
Important: the legalization of self-construction requires an application to the competent urban planning authority. The court acts as a defender of interests, that is, it protects only those rights of the applicant that have been violated. Without an appeal to the State Inspection of Architecture and Urban Planning, there is no question of violation of any rights.
Support of a real estate lawyer
Drawing up a claim for recognition of the right to ownership of self-construction is quite a difficult task. If you do not know how to do it better, it is better to use the services of professional lawyers. The real estate specialists of our Prykhodko and Partners law office will help you in this matter.
It should be remembered that the judicial practice of decisions on the issue of recognition of ownership of self-made construction is far from always accompanied by the issuance of positive decisions.
That is why it is necessary to take into account various aspects at the same time. For example, the claim must be supported by the conclusion of the competent authorities regarding the possibility of safe and reliable operation of the real estate object.
The collected documents must confirm the fact that the spontaneous construction complies with fire, building and sanitary regulations. The fact of receiving a positive court decision is a guarantee of the legality of the actual composition, which is available on the side of the plaintiff. Without a positive court decision, ownership does not arise.
We offer a full range of services related to real estate. Among them:
- Recognition of ownership.
- Implementation of state registration of property rights.
- Drawing up a technical passport.
- Obtaining documents for the commissioning of real estate inspections.
As for the cost of obtaining self-build documents, it depends on many factors, namely:
- Number of owners.
- Functional purpose of the real estate object.
- Availability of all necessary documents.
- The complexity of the work.
- The location of the object on the plot of land.
Do you have any other questions? We are waiting for a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of the services of a real estate lawyer, fill out the form below.
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
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