Attorney
Lawyer with many years of experience in the field of real estate and land law. Support for construction, registration of land plots, obtaining permitted documentation and protection of property rights. Also has successful cases of labor law and mobbing at work.
Legalization of spontaneous construction
Legalization of construction is a long and gradual process, especially in cases where it is a question of unauthorized construction. Variants of this procedure depend on the features of each specific self-construction, the time of its construction, the purpose of the land plot on which the house is located. Today, legalization of unauthorized construction is a very relevant topic, especially for Kyiv and Kyiv region. That is why it is advisable to understand this issue in more detail. The lawyers of the company “Prikhodko & Partners” will help you with this.
Unauthorized construction: features of the legislation

Article 376 of the Civil Code of Ukraine contains the following definition of the concept of “unauthorized construction”. This is a structure, object, self-construction, outbuilding, etc., erected in significant violation of the current State Construction Standards (DBN) and urban planning documentation. Thus, unauthorized construction is construction that can be attributed to one of the following cases:
- The building was built on a site whose intended purpose does not provide for its construction.
- Construction began without a Declaration on the commencement of construction work.
- Construction was carried out in significant violation of construction rules and norms.
The procedure for legalizing unauthorized construction for different types of real estate
Legalizing unauthorized construction is considered a legal process that involves bringing the state of the actually existing unauthorized construction to a legal state. First of all, it is necessary to develop construction documentation, provide a notification/permit to start construction, and conduct a technical inventory. The final stage is commissioning and securing property rights to real estate through state registration.
Moreover, current Ukrainian legislation provides for two options for simplified procedures for legalizing unauthorized buildings (construction amnesty) for:
- buildings that were built before 1992
- buildings that were built in the period from 1992 to 2015.
Below we will consider cases for various unauthorized buildings (extensions to a house, cottage or garage).
How to legalize an unauthorized extension?
Legalization of an unauthorized extension in Ukraine involves its classification, and only then – the collection of necessary documents for such a procedure. The main categories of unauthorized extensions and procedures are as follows:
- extensions to residential, summer (garden) houses with an area of up to 500 square meters, built from August 5, 1992 to April 9, 2015 – a simplified registration procedure applies (without obtaining a construction permit);
- extensions built after April 9, 2015 – a general procedure applies (may require obtaining urban planning conditions and restrictions, conducting a technical inspection);
- extensions to non-residential buildings of the consequence class – there are different procedures for objects of the consequence class CC1, CC2 and CC3, respectively;
- extensions to an apartment building (for example, balconies) – certain legislative features apply due to the status of the land plot under the house.
How to legalize the unauthorized construction of a house / summer house?
In Ukraine, there are several procedures for this. The choice of a specific one depends on the area of the building and the date of its construction. Legalization options provide for different procedures for:
- houses built before August 5, 1992 (do not require commissioning);
- houses built between August 5, 1992 and April 9, 2015, with an area of up to 300 square meters (production of only a technical passport with a conclusion on the possibility of operation);
- houses built after April 9, 2015, with an area of up to 500 square meters (provides for obtaining a construction passport, payment of a share participation, registration of a declaration of readiness of the facility for operation);
- houses with an area of over 500 square meters (the procedure requires additional involvement of specialists for technical supervision and other things).
How to legalize the unauthorized construction of a garage?
Finally, there are different procedures for garages (provided that they can be classified as real estate). They should be divided into the following categories:
- a garage on a plot next to a residential or garden house (a private plot of land);
- a garage built in a garage cooperative;
- a garage in the courtyard of an apartment building.
A garage is considered an outbuilding to the main house, which affects the features of its design. Special attention also needs to be paid to the analysis of the status of the land plot under this structure.
What documents are needed to legalize unauthorized construction?
Although the formalities vary, in general, the legalization of unauthorized construction involves collecting the following package of documents:
- copies of the applicant’s passport and TIN (also a power of attorney – if the relevant applications are submitted by a representative);
- documents confirming the right of ownership (use) of the land plot;
- project documentation for self-construction (construction passport, land development plan);
- technical documentation (technical passport for an extension, house or garage) and others.
Important! The primary document is the construction passport. After receiving it, you must submit a notification of the start of construction work. After its successful registration, construction work begins.
Professional legalization of unauthorized construction: how can our lawyers help you?
Legalization of an unauthorized facility can be an extremely complex and time-consuming process that requires in-depth knowledge of the law. The lawyers of the company “Prikhodko & Partners” offer comprehensive support for such a process, which will allow you to legalize self-construction quickly, efficiently and without unnecessary hassle. Your benefit from ordering legal services from us is:
- saving your time and effort;
- speed and efficiency of completing all the required steps;
- financial savings (in the context of avoiding fines for unauthorized construction).
Our positive experience allows you to effectively plan expenses and avoid unforeseen expenses. In order to calculate the price of legalizing unauthorized construction specifically for your case, we offer an individual approach. The cost of services depends on the complexity of the object (type, area, date of construction, class of consequences), the volume of necessary documents and the unique circumstances of your situation.
Don’t waste your time and nerves on bureaucratic red tape regarding the legalization of unauthorized construction! Fill out the form on our website to receive a consultation and an individual calculation of the cost of legalizing unauthorized construction today!
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1 question
Are you interested in the legalization of independent construction?
2 question
Do you need legalization of self-build urgently?
3 question
Are you in Kyiv or Kyiv region?
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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