Changing the purpose of the garden house

Quite often, situations arise when it is necessary to change the purpose of the real estate object. For example, change the purpose of the garden house. To begin with, we should note that the procedure for converting a garden/cottage house into a residential one was greatly simplified in Ukraine. The relevant Resolution was adopted in August 2021 by the Cabinet of Ministers of Ukraine. The main requirement is that buildings must comply with state building regulations. Changing the intended purpose of a garden house is one of the areas of activity of the specialists of our law office Prykhodko and Partners. In this article, we will consider the features of this procedure in more detail.

Legislative settlement of the issue

According to legal terminology, country house and garden house belong to different types of buildings.

Let’s start with the definition of “garden house”. This is a property that is intended for seasonal use. Most often, such real estate objects do not meet the engineering and construction standards for residential buildings. As for the country house, it is a residential building intended for country recreation. You can live in this house in any season.

Although a country house more closely meets the requirements for a living space, the procedure for converting a garden house and a country house into a residential property is the same.

According to the current Ukrainian legislation, there are specific requirements for real estate belonging to this group. In particular, the garden house must be equipped with:

• Water supply.
• Sewage.
• Electricity.
• Heating devices.
• Gas (if technically possible).

Another important criterion is that the real estate must meet all the requirements for fire safety of buildings (consequence class – СС1).

Peculiarities of the procedure for changing the purpose of a garden house

The transfer of a garden house to a residential fund begins with such an important procedure as conducting a technical inspection of the real estate object. BTI or companies that have certified engineers on their staff specialize in this.

After receiving the relevant opinion, the owner submits the documents to local self-government bodies. The decision-making period is up to 30 days.

In some cases, the owner of a garden house may be refused a change of its purpose. This happens, for example, due to inauthenticity or lack of necessary documents. Building regulations approved by the state for residential real estate may also be violated. After eliminating the reasons for rejection, you can re-submit documents to change the purpose of the garden house.

The algorithm for transferring a garden house into a housing fund involves the following stages:

• Preparation of a report on the technical inspection of the house.
• Obtaining a decision of the city self-government bodies regarding the transfer of real estate from a non-residential fund to a residential one.
• Preparation of a new technical passport.
• Registration of the real estate object in the State Register.

Lawyers’ help in changing the purpose of a garden house

It is quite difficult to independently change the purpose of a garden house, that is, to transfer it to a housing stock. It is better to entrust this matter to professionals. Specialists Prykhodko and Partners specialize in this issue. Our main advantage is an individual approach to each specific case and many years of experience.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for changing the purpose of a garden house, fill out the form below.