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Real estate and construction Legalization of a cottage town

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 cottage town

The legalization of a cottage town should be understood as a set of legal procedures aimed at bringing the actually constructed cottage town into compliance with the requirements of current legislation. Such a process is necessary to avoid undesirable consequences (fines, deprivation of a construction license). The legalization of a cottage town must take into account the specifics of the construction and commissioning of each object on the territory (cottages, fences, cafes, individual infrastructure facilities), which is the main difficulty.

The main difficulties in the legalization of a cottage town

Legalization of a cottage town may be accompanied by a number of significant difficulties, the main of which are the following:

Land use approval. Often, land plots require a change in purpose for the construction of cottage towns on them, and this is often a lengthy process. Moreover, difficulties may arise with the unification of several land plots, determining their boundaries, assigning them cadastral numbers, etc.;
Violation of building codes and regulations. Cottage towns built without complying with urban planning conditions and restrictions and in the absence of the necessary permits will be recognized as illegally built and will require additional actions to be taken for their proper legalization;
The issue of connection to engineering networks. In addition to actions related to the construction itself and the commissioning of the cottage town, it will also be necessary to take care of obtaining a permit for special water use and other permitting documentation.

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Legalization of an illegally built cottage town: procedure

The procedure may vary depending on the specific circumstances of the case, but the main stages are as follows:

collection of available documents for the land plot and constructed facilities (state acts, contracts, technical documentation);
legalization of land plots for construction if necessary (change of purpose, assignment of a cadastral number in the State Land Registry, registration of rights, etc.);
legalization of construction facilities (determination of the class of consequences (CC1, CC2, CC3), technical inspection, development of project documentation);
legalization of engineering networks and landscaping facilities (obtaining technical conditions for connection, necessary approvals, commissioning of the entire complex or a separate facility, etc.).

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

Putting the cottage town into operation

Commissioning of a cottage town in the CC1 impact class

The commissioning procedure is carried out according to a simplified procedure and involves:

submission of a declaration of readiness of the facility for operation to the State Inspectorate of Architecture and Urban Planning of Ukraine (hereinafter referred to as DIAM). The form of the document is determined in the Procedure approved by the Resolution of the Cabinet of Ministers of Ukraine No. 466;
submission of a copy of a document certifying the right of ownership or use of the land plot under the cottage town;
production and submission of a technical passport for each facility (or complex).

For a cottage town in the CC2 impact class

In this case, the procedure is more complicated and requires the client to:

prepare and submit to DIAM an act of readiness of the facility for operation, the form of which is approved by current national legislation;
obtaining a certificate of conformity from DIAM after checking the compliance of the cottage village with the requirements of building codes and regulations;
submitting a technical passport for the object.

Preparation of a technical passport for legalizing the cottage village

A technical passport is a document containing the main technical characteristics of real estate (including information on the area, layout, engineering communications) and is necessary for further commissioning and registration of ownership. The main steps for its preparation are:

applying to a certified engineer or BTI;
concluding an agreement for a technical inventory;
analyzing the documents requested by a specialist (as a rule, this is an extract from the State Property Registry for the land plot, design documentation for new buildings);
drawing up a technical passport.

Important! The technical inventory of the entire cottage town is complicated, as it must cover all buildings, structures, engineering networks and elements of landscaping. Therefore, separate technical passports will be prepared for each cottage and infrastructure facilities. For more detailed information, we recommend that you consult our real estate and construction lawyer.

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State registration of rights to a cottage town

The main steps of state registration, which is the final stage of legalizing a cottage town, are:

first, preparation of documents (act of commissioning of the facility, technical passport, etc.);
second, submission of documents to the ASNAP or notary;
third, consideration of documents by the state registrar and entry in the State Register of Real Rights to Real Estate (in the absence of grounds for refusal);
fourth, provision of an extract from the register of ownership of the relevant facilities.

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Were other lawyers handling your case?

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2 question

Are you in Kyiv or Kyiv region?

Yes

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Do you need legal assistance urgently?

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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