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Real estate and construction Legalization of a balcony extension

Kirilkin Radion

Head of real estate and commercial law practice

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kirilkin@prikhodko.com.ua

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Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.

Legalization of a balcony extension

Legalization of a balcony extension involves an official process of legalizing one of the types of apartment reconstruction. During this process, documents for the land plot under the house are checked, if necessary, a construction permit is obtained, and the finished balcony is put into operation in accordance with current national legislation. It is worth emphasizing that legalization of a balcony extension is a necessary step to protect your rights and avoid possible consequences (including fines for unauthorized construction of an extension).

Balcony extension: do you need a permit for installation?

Installing a balcony in an apartment building always requires obtaining the appropriate permit (or even several such documents). Depending on where the extension will be located, the apartment owner will need to obtain:

permit from the housing association/housing association for installation on the first floor (since this will be considered development of a land plot owned by the relevant housing association/housing association);
construction permit for erection with a foundation (not required only in the case of replacing balcony openings and some reconstructions for extensions on the second floor and above).

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Building a balcony extension: what is needed for legalization?

Construction is a complex process that requires careful preparation of the necessary documentation. This process consists of several stages:

first, obtaining consent from neighbors (or condominium association);
second, developing a construction project by a certified architect or organization (before this, it will be necessary to check whether the relevant company has a license to construct real estate objects belonging to a particular class of consequences);
third, submitting a notification to DIAM about the start of construction work, registering the design documentation in the Register of Construction Activities (EDESSB);
fourth, after completion of construction – receiving a declaration on the commissioning of the extension, developing a new technical passport for the apartment (the corresponding legalized extension will be displayed).

Important to know! If you plan to build a balcony on the first floor with a foundation, you will also need to prepare documents confirming that you have the right to use or own the land plot. Or, as an option, a written decision of the condominium association on permission to build on the relevant part of the land. For more detailed information, we also recommend that you order a consultation with one of our real estate lawyers.

It will also be useful: Conclusion on the possibility of dividing real estate

Registration of a land plot for the extension of a balcony on the first floor: key nuances

There are many ways to register land for development. The most difficult issue here will be the registration of ownership or use on legal grounds and changing the purpose of the plot (if necessary). Regarding the first, it is worth emphasizing that the cases of land registration can be the following:

repurchase of a land plot from a condominium association;
privatization of land that is in state or municipal ownership;
conclusion of a lease agreement for the relevant land plot.

Important! An alternative may also be the registration of the right of permanent use of land that is owned by the state or community. But it is worth noting: then the person must meet certain criteria established by the Land Code of Ukraine and use the land exclusively for carrying out a certain economic activity (for example, servicing other buildings).

What is the fine for unauthorized construction of a balcony extension?

Self-construction is considered a gross violation of current national legislation, which leads to serious financial and legal consequences. As of 2025, the legislation provides for a fine of 50 tax-free minimums for citizens, as well as the requirement to demolish an unauthorized object.

What services can a lawyer provide to legalize a balcony extension?

Consultations

Legal analysis of the situation. A specialist will study your case in detail, assess the extent to which the extension can be legalized, and identify all potential risks;
Clarification of national legislation and the State Building Code. The lawyer will explain which laws apply to your situation, whether the planned extension complies with current state building codes;
Development of an action strategy. Based on a preliminary analysis, a specialist will develop a step-by-step action plan that will help you avoid mistakes, save time and your own money on the way to proper legalization.

Price of legal assistance

Assistance with obtaining permits

Preparation of all necessary documents. A lawyer will help you prepare a full package of documentation (from the technical passport for the apartment to the written permission of the co-owners), check their legality;
Interaction with state authorities and construction companies. The relevant specialist will represent your interests in the BTI, DIAM, construction companies on the basis of a previously signed agreement on the provision of legal assistance and power of attorney;
Support in obtaining permits. Finally, the lawyer will accompany the entire process of obtaining a permit for the development of a land plot and construction.

Support in obtaining a technical passport for real estate and subsequent commissioning

Control of the process of developing a technical passport. A lawyer will help prepare documents for the BTI and monitor the proper preparation of a new technical passport for the apartment;
Preparation and submission of documents to DIAM. Finally, after all the previous steps, a specialist from the Law Firm “Prikhodko & Partners” will submit a request to DIAM and receive a declaration on the commissioning of the facility;
Appealing refusals. If state authorities unjustifiably refuse to grant you the appropriate permit, the specialist will also help you draft and file a complaint or lawsuit.

To find out the cost of legalizing a balcony extension in your case and get advice from a real estate lawyer, fill out the form below.

Calculate the cost of services

1 question

Were other lawyers handling your case?

Yes

2 question

Are you in Kyiv or Kyiv region?

Yes

3 question

Do you need help legalizing a self-built balcony?

Yes

4 question

Are you interested in assistance in commissioning a balcony extension?

Yes

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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