Legalize squatter

Legalize squatter

Author

Oleksandr Kolesnichenko

Legalize squatter

In order to talk in more detail about unauthorized construction, the following factors must be taken into account:

• does the residential development provide for this purpose of the land plot;
• whether construction is carried out with or without a declaration of commencement of construction work;
• are there any significant violations of building codes.

At the legislative level, unauthorized construction is recorded in Article 376 of the Civil Code of Ukraine.Consider in more detail the procedure for legalizing unauthorized construction.

There are several options for legalizing illegally built houses:

• legalization of houses according to a simplified procedure, which provides for the year of construction of houses until 05.08.1992;
• legalization of houses under a construction amnesty, if the house was built from 08/05/1992 to 04/09/2015

The above procedures apply only to residential, garden and country houses with an area of ​​up to 300 sq. m.

Following the legislation, the main advantage of registering a house before 1992 is that there is no need to receive a declaration on the commissioning of an object from the State Architectural and Construction Inspection. The entry of the statements into the register of real rights to real estate is carried out in the presence of technical documentation for the building, and an application for registration is also submitted along with a receipt for payment of the state duty.

Also, there is no need for a decision on the assignment of an address in the case of assigning a cadastral number, which is entered in the register of property rights to real estate.

Consider in more detail the legalization of houses under the construction amnesty procedure, built from 08/05/1992 to 04/09/2015.

The main advantage of this procedure is the registration of a declaration on the readiness of an object for operation with the State Architectural Construction Inspectorate.This procedure consists of three stages:

• obtaining a technical report and developing a technical passport;
• obtaining a declaration of readiness of the facility for operation;
• registration of ownership in the register of real rights to real estate.

Only the property that is erected without permits is an unauthorized structure.

These include:

• a house built on non-privatized land;
• superstructure or extension to a residential building or apartment;
• interference with supporting structures.

Such a real estate object must first be legalized if you nevertheless decide to start construction. Only after the registration steps, you will have permits for the real estate object. And as a result, you receive an extract from the register of real rights to real estate, which will be the permissive documentation for the real estate object for further actions.

There are a number of reasons for legalizing the authorized construction

• impossibility of sale or exchange
• impossibility of inheritance / donation
• impossibility to make the property pledged
• the impossibility of conducting communications in such a structure
• impossibility of obtaining benefits

The procedure for legalizing unauthorized construction

• obtaining town planning conditions and restrictions / drawing up a construction passport
• development of project documentation
• notification of the body of the State Architectural Construction Inspection about the start of construction work
• development of technical documentation at BTI
• registration with the authority of the State Architectural Construction Inspection of the declaration on the commissioning of the object
• registration of ownership of a real estate object.

List of documents which are necessary to legalize the re-planning:

• a document of title to an immovable property;
• written consent of the owners;
• passport and identification code of the owner;
• technical documentation for the real estate object.

Depending on the category chosen, both the cost and the lines will depend.

We can provide you with full support in the legalization of a real estate object or registration of a new unauthorizedly constructed object.