Prikhodko&Partners
Services
Real estate and construction Legalize self-construction

Kirilkin Radion

Head of real estate and commercial law practice

E-mail

kirilkin@prikhodko.com.ua

Phone numbers

Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.

Legalize self-construction

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.

Find out the price of self-build legalization

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.

Assistance in the legalization of self-development

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:

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.

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.

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.

Official registration of property rights

Legalize independent construction

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!

Calculate the cost of services

1 question

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

Yes

2 question

Was your building built before 05/08/1992?

Yes

3 question

Is your property larger than 500 square meters?

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.

Successful cases on the topic:

You may also need:

Land plot registration in the State Land Cadastre (DZK)

Land privatization

Land plot registration

Legalization of a private house

Change of purpose of the land plot

Legal assistance when buying a plot of land

Privatization of a state apartment by warrant

Division of the apartment into two apartments

Legal assistance when buying an apartment

Privatization of an apartment on the basis of a warrant

Legalize squatter

Privatization of an apartment

Articles on the topic:

20%

discount

If we do not
call back
during the day

Average rating:

5/5 | Based on 45 reviews

I contacted them because of the spread of false information on the Internet. The lawyers responded promptly and helped protect my reputation. I am satisfied with the result.

The team supported the case to protect the company’s business reputation. Everything was clear, well-reasoned, and with an understanding of the specifics of the business.

They helped resolve a conflict with an employee without going to court. Everything went as smoothly as possible and within the framework of the law. We are grateful for the professional approach and support.

We are very satisfied with the cooperation in the field of grants. Grant manager Mykola accompanied the entire process “turnkey” and always explained each step. You can feel the experience and practical approach.

We asked for help in preparing a grant application. We received not only full support, but also valuable recommendations on the structure of the project. As a result, our business was successfully financed. Thank you very much!

Thanks to the support of “Prіkhodko and Partners”, we successfully participated in public procurement for the first time. The lawyer helped us prepare documents correctly and avoid typical mistakes.

We had a difficult situation with appealing the tender results. The team quickly got involved in the process and helped defend our position. Very strong expertise in tender law.

We contacted the Law Firm “Prіkhodko and Partners” in a complex commercial dispute with a counterparty. The team quickly analyzed the situation, built a strategy, and helped defend our interests in court. The professional and systematic approach is immediately noticeable.

We work with the company on an ongoing basis. We especially appreciate the attention to detail and the ability to prevent risks before they arise. This is exactly the case when lawyers really help save business money.

We turned to Taras Miroshnychenko to prepare a Legal Opinion in a complex case regarding loot boxes for the trial. The document was prepared at a highly professional level, taking into account international regulations and EU case law. This significantly strengthened our position in court.

Law company

Leave a request for legal assistance right now:

9+ years on the market

70+ professional practitioners

Fixed price

Online / offline consultation

Real estate and construction