Legalize self-construction

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Oleksandr Kolesnichenko

Head of real estate and construction practice

Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.

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Legalize self-construction

Legalize self-construction

Author

Oleksandr Kolesnichenko

Until recently, the practice of arbitrary construction had no prospects of legalization in Ukraine. In order to legalize the self-build, it was necessary to go through a complex bureaucratic procedure. Today, it is much easier to legalize unauthorized construction. How exactly to do this, we will discuss in this article.

Unauthorized construction: peculiarities of terminology

Unauthorized construction – construction that can be attributed to one of the following categories:

  • The building is built on a plot of land that should not be used for this purpose.
  • There is no declaration on the start of construction or permission to perform construction works.
  • There are significant violations of construction rules and regulations.

 

Unauthorized construction in Ukraine: what is the responsibility?

Legalization of unauthorized construction is possible in an administrative procedure. If the owner of the self-built building refuses this procedure, the buildings must be demolished at his expense. The legalization of self-build is regulated by the norms of modern Ukrainian legislation and allows to avoid administrative, civil or criminal liability.

Legalization of self-construction is a legal process that ends with the state registration of ownership of the building. Why do you need to legalize self-development?

First, without the legalization of unauthorized construction, legal responsibility for violation of legislation follows:

  • Warning.
  • Fine.
  • Forced demolition of the building.

Secondly, without legalization, it is impossible to realize the rights of the owner. According to the current Ukrainian legislation, the owner of a self-build does not have the right to own it. That is, the owner of a self-constructed building cannot transfer the right to it to other persons (gift, sell, lease, exchange).

Thirdly, it is not possible to legally connect the house to the main engineering facilities (gas, electricity, heat supply, water drainage). This is due to the fact that the basis for concluding contracts for the supply of energy carriers is a registered declaration regarding the facility’s readiness for operation.

 

The state maximally restricts the rights of those who build self-righteousness. That is why it is necessary to legalize unauthorized construction.

 

Stages of legalization of unauthorized construction

Legalization of unauthorized construction takes place in several ways. It all depends on when the structure was built:

  • Until August 5, 1992. If the self-build was completed before this date, it is not necessary to register the Declaration on the readiness of the object for commissioning in the DABA.
  • Until September 2018. From this date, a new procedure for technical inspection and commissioning of various types of buildings came into force. We are talking about amnesty for arbitrary construction. In this case, a DABI Declaration will be needed.

In order to legalize unauthorized construction, it is necessary to go through the following stages:

  1. Preparation of the technical passport of the building

A certified engineer is responsible for this, and after inspecting the object, he evaluates it, determines the area and draws up a technical passport.

  1. Completion of the report

The report is required in cases where there are agricultural buildings near the house, the area of which is up to 100 m2. In addition, the report includes data that the facilities meet all the requirements for commissioning.

  1. Preparation of documentation on address assignment

This decision is adopted by local self-government bodies. If there is a land cadastral number, it is not necessary to do this. When legalizing summer cottages, the corresponding document is issued by the society.

  1. Official registration of property rights

 

Information on the legalization of unauthorized construction is entered in the official register. The owner receives the corresponding document.

Independent legalization of unauthorized construction is a rather complicated process that should be entrusted to real professionals. Specialists of the legal company “PRIKHODKO & PARTNERS” have many years of practical experience and technical capabilities for the most prompt legalization of unauthorized construction. Sign up for a consultation – leave a request to calculate the price of legalization of independent construction!

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1 question

Do you own a plot of land under a constructed real estate object?

Yes
No

2 question

Was your building built before 05/08/1992?

Yes
No

3 question

Is your property larger than 500 square meters?

Yes
No
Oleksandr Kolesnichenko
Head of real estate and construction practice

Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.

Contact now
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