Legalization of spontaneous construction

Legalization of construction is a long and gradual process, especially in those cases when it comes to legalization of independent construction. Variants of this procedure depend on the characteristics of each specific self-build, the year of its construction, the purpose of the land plot on which the house is located. Today, the legalization of independent construction is a very relevant topic, especially for Kyiv and the Kyiv region. Several years ago, changes were made to the current legislation. These changes directly affected the legalization of independent construction. That is why it is advisable to understand this issue in more detail. Lawyers Prykhodko and Partners will help you with this.

Do-it-yourself construction: features of legislation

Article 376 of the Civil Code of Ukraine contains the following definition of the term “independent construction”. This is a structure, object, self-build, commercial building, etc., erected in significant violation of the current State building regulations and urban planning documentation.

Thus, spontaneous construction is construction that can be attributed to one of the following cases:

1. The building was built on a site whose intended purpose does not include its construction.
2. Construction started without a Declaration on the start of construction work.
3. The construction was carried out in significant violation of building rules and regulations.

The legalization of independent construction is regarded as a legal process that involves bringing the state of actually existing self-construction to a legal state. How does this happen? First of all, it is necessary to develop construction documentation, provide a notice/permit to start construction, and conduct a technical inventory. The final stage is putting into operation and securing property rights to real estate through state registration.

What documents are required for the legalization of independent construction?

The legalization of independent construction involves the collection of a package of documents, which will consist of:

• Copies of passport and TIN.
• Documents confirming ownership of the land plot.
• Extract and original of the contract.
• Project documentation for the house (building passport, land development plan).
• Land plot cadastral plan.
• Technical documentation, etc.

Procedure for legalization of spontaneous construction

Current Ukrainian legislation provides for 2 options for the legalization of self-built houses:

• Legalization of houses that were built before 1992.
• Legalization of buildings built between 1992 and 2005.

The procedure for legitimizing independent construction depends on when exactly the building was erected. Among the stages of ownership registration:

1. Technical examination.
2. Making out the Declaration.
3. Registration of ownership.

Important: the primary document is the construction passport. After receiving it, a notification about the start of construction work must be submitted. This notification must be sent to the relevant state architectural and construction control body. After successful registration, construction works begin. The technical passport is produced in a private or state BTI.

It is quite difficult to draw up all the above documents yourself. Lawyers Prykhodko and Partners will help to significantly simplify this process.

Professional legalization of independent construction

You do not need to spend your precious time to legalize self-construction. No government institutions, queues, collection of documents and necessary signatures. Lawyers Prykhodko and Partners use a comprehensive approach that allows you to legalize self-build in the shortest possible time, saving not only time, but also significant financial costs. We are able to solve issues of any complexity.

To calculate the price of self-construction legalization, fill out the form below. We are waiting for consultations!