Lawyer practicing real estate, construction and land law.
Division of a residential building in kind
The division of a residential building in kind should be understood as the legal procedure for dividing it into independent real estate objects, each of which will have the appropriate legal status. This method becomes especially relevant in cases of conflict between co-owners, which leads to obstacles in the use of the building. In this article, we will consider the grounds, procedure and individual features of the division of a residential building in kind, regulated by national legislation.
Under what conditions is it possible to divide a residential building in kind?
The key conditions for carrying out such a procedure are the following:
- first, compliance with state building codes. As a result, residential premises must be created that meet the requirements for their area, sanitary and hygienic conditions, fire safety, etc. A construction and technical examination must be appointed to verify this.
- secondly, the right to the land plot on which the house is located must be formalized: At the time of division, the right of ownership or lease to the land must be formalized, confirmed by title documents and an extract from the State Register of Real Property Rights to Real Estate. Moreover, for the successful completion of the procedure, the land plot itself must also be subject to division;
- thirdly, technical feasibility. The division of the house must be technically feasible in such a way that each person receives a separate room that does not depend on other objects. It is desirable that there is also the possibility of arranging water supply, electricity supply and heating systems without harming other real estate objects.
The absence of at least one of the above conditions makes division impossible, as it would contradict the requirements of construction legislation. To learn more, please contact a real estate lawyer at Prikhodko & Partners Law Firm.
Division of a residential building in kind through the court: what documents are needed?
If the issue with the other owner could not be resolved out of court, then to initiate such a procedure, it is necessary to file a claim with the court at the location of the house. The main package of documents that is attached includes:
- copies of documents that identify the plaintiff;
- duly certified copies of documents that confirm the ownership of the residential building (certificate, extract from the Land Registry, purchase and sale agreement, donation);
- a copy of the technical passport for the residential building (must contain appropriate information about the technical characteristics of the building, its area, floor plan) to confirm the technical feasibility of the proposed division, or an expert's opinion on the technical feasibility of dividing the house in kind (if available);
- documents that confirm the ownership or use of the land plot under the house;
- a project for dividing the residential building (if available). If the co-owners have previously negotiated and taken the first steps towards a pre-trial settlement of the issue by preparing a version of the division of the house, then adding the relevant documents will also be appropriate;
- a receipt for payment of the court fee.
After considering the case, the court issues a decision, the execution of which is mandatory. It is also worth emphasizing that in cases specified by law, obtaining permits for reconstruction is required (if construction work is necessary to equip a new real estate object that has appeared as a result). A qualified real estate lawyer will help with this and other issues that may arise, the cost of whose services can be found by filling out the form below.
How can lawyers of “Prikhodko & Partners” help?
Professional legal assistance plays a key role in cases of division of a house in kind and can be decisive both at the stage of voluntary settlement of the dispute and during the trial. Real estate lawyers of the company “Prikhodko & Partners” have been helping clients on various issues for many years, guaranteeing the quality of legal support and the shortest possible terms of its provision. Their main services are:
- exhaustive consultations and legal analysis of documentation on the division of real estate in kind. Specialists provide explanations on the possibility of division taking into account the specific situation of the client, identify potential risks and obstacles, and suggest ways to eliminate them;
- legal support during the pre-trial settlement of the dispute. Lawyers represent the client’s interests in negotiations, help find compromise solutions, and also prepare the necessary documents (primarily a project on the division of a house), help obtain permits from state bodies to complete the procedure (if necessary);
- representation of the client's interests in court. This service includes the preparation of a substantiated statement of claim, evidence base, ensuring the appointment and conduct of a judicial construction and technical examination;
- appealing court decisions in case of disagreement (if necessary).
Professional legal support allows you to optimize the process of dividing a residential building in nature and protect the rights of co-owners. Leave a request and receive legal support for real estate today! To sign up for a consultation and receive information about the price of legal services – please 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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