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Real estate and construction Legalize a modular home

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.

Legalize a modular home

After legalization, a modular house acquires the official status of real estate, which can be used, among other things, for residential premises. This process involves collecting documents, obtaining a construction permit, commissioning and registering ownership of a modular house as a permanent structure, not a temporary one. We will discuss how this procedure looks like and how it may differ in different cases in this article.

Modular house: main characteristics

The specified house consists of separate, pre-fabricated sections (modules), thanks to which it can be transported to another land plot, if necessary. Despite the fact that the national legislation does not contain a direct definition for this object, a mention of it can be found in the Resolution of the Cabinet of Ministers No. 406. However, there it is considered more as a temporary structure.

The main features of a modular house are the following:

can be installed on a capital foundation or as a temporary real estate;
the legal status allows it to be used as a residential building;
has an inextricable connection with the land plot.

When is a permit not required for the construction of a modular house and related objects?

According to the previously mentioned Resolution of the Cabinet of Ministers No. 406, a separate construction permit is not required for such structures as canopies, gazebos, roofs, wells, summer showers, greenhouses, garages, fences, swimming pools, terraces, etc. The same can apply to a modular home that is built without a proper foundation. For example, when it comes to installing such a home on temporary supports (geoscrews, paving or stone blocks).

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Legalization of a two-story modular house (with an area of up to 500 square meters)

In order for a two-story house not to have the status of self-construction and to be installed and put into operation in accordance with current national legislation, it is necessary to:

register the right to a land plot (obtain a document confirming the right to ownership or use of the land, enter information into the Land Registry);
assign a cadastral number to the land plot (determine the boundaries and enter the necessary information into the State Land Registry);
prepare and register with the Unified State Register of Construction and Land Use Planning and Development (UEDESSB) the design documentation for construction (must comply with the current DBN), a scheme of intentions for the development of the land plot;
submit to the DIAM a notification of the start of construction work;
contact the BTI to develop a technical passport for a newly built modular house (after completion of all construction work);
provide a correctly completed declaration of readiness of the facility for operation along with other necessary documents;
contact the state registrar to enter information into the State Property Register about your ownership of a new real estate object.

It will also be useful: Legalize a garage – registration of documents for a garage in Kyiv and Kyiv region

Legalization of a modular house with a total area of more than 500 square meters

Unlike the previous section, here we will talk about a more complex case – when it is necessary to build a modular house of a significant area (it will be classified as a real estate object of the consequences class SS2-SS3). In addition to the general steps listed above, it will also be necessary to additionally legalize such a modular house:

conduct an examination of the construction project and obtain an opinion from an environmental impact assessment expert;
obtain urban planning conditions and restrictions (UOC);
submit documents from author’s and technical supervision.

Moreover, instead of a notification, you need to obtain a building permit, and instead of a declaration, a certificate of commissioning of the object (based on the relevant act). Thus, legalization of this type of modular house is much more complicated and will require more time and resources. But to avoid unwanted delays and mistakes as much as possible, we recommend obtaining legal support from a real estate and construction specialist from our law firm “Prikhodko and Partners”.

How to legalize an illegally built modular house: basic procedures

Despite the fact that administrative liability for self-construction is currently provided, there are possibilities for real legalization of the unauthorized construction of a modular house. This will be relevant in the case when, for example, you have registered the right to an already built real estate object for which permits were not previously obtained.

The main methods of legalization will be as follows:

simplified procedure – for buildings built before August 5, 1992;
under the construction amnesty – for buildings built before April 9, 2015;
general procedure – in other cases.

For more detailed information on the specifics of implementing a particular procedure, we recommend that you order a consultation with one of our real estate lawyers.

Price of legal assistance

Legal support for the legalization of a modular house: what services does a real estate lawyer at Prikhodko & Partners provide?

If you want to receive a full range of services for the legalization of modular houses, then a good option would be to order such a service from our lawyers. Firstly, they are well versed in all the intricacies of this procedure, since most of them have experience working in government agencies. Secondly, lawyers use an individual approach in their work, analyzing the request and needs of each client.

Comprehensive legal support includes the following services:

consultation and legal analysis;
preparation and collection of documents;
support for the operation of real estate;
representation of interests within the framework of pre-trial or judicial appeals of unlawful actions of government bodies and institutions.

Thanks to the legal support of the Law Firm “Prikhodko and Partners”, the process of legalizing a modular house will become less stressful and more efficient for you. To find out the price of legal support, we recommend filling out the form below.

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Are you in Kyiv or Kyiv region?

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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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