A large number of cases in the practice of lawyers are related to the recognition of the right of ownership of independent construction. This category of cases requires lawyers to have thorough knowledge of current Ukrainian legislation, as well as experience in resolving similar disputes. The main legislative act, which regulates the commissioning of real estate objects, is the Law of Ukraine “On Regulation of Urban Development Activities”. According to the requirements of the Law, each object must be legitimized. In this article, our lawyers, experts of Prykhodko and Partners will pay attention to the peculiarities and nuances of commissioning self-construction.
What is a self-build?
To begin with, we suggest considering the following question: what is a self-build?
According to the generally accepted definition of Ukrainian legislation, unauthorized construction is any structure erected without the appropriate permit documents. It can be, for example, a free-standing extension, a balcony, an outbuilding, etc. In general, in our country there is a large number of various self-builds.
Let us consider in more detail the criteria by which a real estate object is characterized as self-built:
There is no right of ownership or use of the land plot. In addition, the building may not correspond to the intended use of the land plot.
- Construction without permits
Very often, this criterion applies to buildings that have been completed (reconstruction, extension, etc.). For example, the owner of the property decided to add a second floor to significantly expand the living space. To carry out such works, it is necessary, first of all, to obtain town planning conditions and restrictions or a construction passport (for objects whose area is up to 500 m2).
- Significant violation of building regulations
For example, a plot of land has certain restrictions on construction. In this case, it would be more expedient to obtain a construction passport, which clearly states the building area and how to place the house or extension even before construction begins.
If this is not done, there is a violation and the impossibility of putting the building into operation.
What are the problems associated with self-construction?
Among the main problems associated with spontaneous construction:
- Lack of ownership of real estate.
- Impossibility of inheriting self-built real estate.
- No right to sell, exchange, donate real estate.
- Impossibility of legal connection to networks.
The problem of independent construction in Ukraine has existed for a long time. For example, there are real estate objects that were built in the early 2000s and have not yet been put into operation. Among the main reasons for this are the lack of ownership rights to the land plot or adherence to the erroneous principle: first I will build a house, then I will legalize it.
Responsibility for spontaneous construction
Current Ukrainian legislation provides for fines for the unauthorized construction and operation of self-builds. Their size depends on the type of violation and the category of the subject. For example, for individuals – from 50 NMDH, for legal entities – from 20 NMDH.
Among other types of legal responsibility:
- Removal Warning.
- Forced demolition of the building.
In order to avoid liability, it is necessary to carry out the legalization of self-build in a timely manner.
What are the features of the self-construction commissioning procedure?
Today, there are the following possibilities for the legalization of spontaneous construction:
- Legalization of buildings that were built before August 5, 1992.
For such buildings, there is no provision for registration in the Register of construction declarations regarding the readiness of the object to be put into operation. Registration of ownership is carried out by the state registrar.
- Legalization of buildings that were built between August 5, 1992 and April 9, 2015.
In this case, it is necessary to register the Declaration regarding the readiness of the facility for operation in the Register of construction activities. That is, one more bureaucratic link is added to the previous procedure.
The standard procedure for the legalization of self-builds consists of the following stages:
- Conducting a technical survey of the real estate object and subsequent preparation of the technical passport.
- Registration of the Declaration on the readiness of the introduction of the real estate object into operation.
- Registration of the right of ownership of the self-build in the State Register of Property Rights to real estate objects.
It is quite difficult to legalize self-construction on your own. It is best to use the services of professional lawyers. The specialists of Prykhodko and Partners will help you to legalize self-construction as quickly and qualitatively as possible.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for the commissioning of self-build construction, fill out the form below.