Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
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.
What is self-construction?
Self-development can include:
- Construction of a building on a plot of land that is not intended for this type of construction.
- Carrying out construction works without submitting a corresponding declaration (for objects of minor complexity) or without obtaining a work permit and an approved project (for more complex objects).
- Buildings with significant violations of construction norms and standards.
In Ukraine, objects that do not fall under the definition of spontaneous construction include:
- temporary structures, such as gazebos, canopies, pools, cellars, greenhouses;
- glazed balconies and loggias;
- buildings for fortification and engineering.
Self-build, erected without the necessary permits, has significant disadvantages. Such an object cannot be legally used – it cannot be sold, rented, gifted or bequeathed. Connecting to communications will also be illegal, as will registering or receiving a subsidy. In addition, the owner faces significant fines, and there is also the risk of forced demolition by court order.
So, there are a number of reasons for the legalization of unauthorized construction, including the impossibility of:
- sale / exchange
- inheritance / donation
- make the property a pledge
- carrying out communications in such a structure
- receiving benefits
What is the responsibility for illegal construction?
- Administrative responsibility. Occurs in cases of violation of construction regulations and legislation, for example, when construction work is carried out without the appropriate permit, the object is put into operation without approval, or false data is submitted in the declaration. A fine from UAH 67,100 to UAH 469,700 is provided for this. The object can be demolished if there are significant deviations from the project, the rights of other persons are violated, reconstruction is not possible, or the requirements for the elimination of violations are not met.
- Criminal liability. Occurs if construction is carried out on an arbitrarily occupied plot of land without ownership or use (lease) rights. In this case, according to Part 3 of Art. 197-1 of the Criminal Code of Ukraine, provides for a fine from 1,000 to 4,000 non-taxable minimum incomes of citizens, arrest for up to six months or restriction of liberty for up to three years. If the plot is privately owned or leased, criminal liability does not apply.
Procedure for legalization of unauthorized construction
The legal company “Prіkhodko and Partners” is professionally engaged in the legalization of self-construction (houses, cottages, annexes, verandas, garages, attics and other structures) in Kyiv and the Kyiv region. If you need to legalize unauthorized construction on your plot – calculate the price in the form below.
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.
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.
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.
Where to legalize a self-built building built in Kyiv or Kyiv region?
During the legalization of independent construction, the owner must visit:
- Department of Urban Planning and Architecture
- Control bodies for urban planning regulations are a certified engineer or BTI.
- Certified architect
- Technical supervision engineer
- Registrar of property rights to real estate
Recommendations to the owner regarding the legalization of construction in Ukraine
- Consult a qualified professional for advice. A lawyer will help determine the optimal method of legalization according to your circumstances, as well as provide up-to-date information on regulatory requirements and procedures.
- Determine the method of legitimizing self-development. Legalization depends on several factors, in particular: whether you have documents for the land plot, the age of the building, the purpose of
- the plot, etc. For example, older structures built before a certain date may be subject to simplified procedures, while newer structures require a more thorough inspection.
- Collect a complete package of documents.
- Comply with all legal requirements.
What does the cost of legalizing unauthorized construction depend on?
The cost of obtaining documents is determined individually and depends on the following factors:
- destination of the object;
- number of owners;
- availability of necessary documents;
- location of the object and land plot;
- complexity of work.
Also taken into account:
- The complexity of the case. The more difficult the situation, the more time and resources are needed to solve it.
- Scope of work. The number of necessary documents, consultations and other stages affects the total cost.
- Type of service. For example, counseling may have a different cost than representation in court or in authorities.
- Deadline. If you require fast turnaround, this may be reflected in the price.
What do we offer?
The legal company “Prіkhodko and partners” is ready to help you with the legalization of independent construction.
Our specialists offer:
- Consultations. Provision of detailed consultations on legalization procedures, analysis of legal risks and options for action.
- Preparation of documentation. We will help with the preparation of the necessary documents for obtaining permits, applications and declarations.
- Support of court cases. If disputed situations arise, we will provide legal support in legal proceedings related to the legalization of your construction.
- Help in correcting violations. If your construction is non-compliant, we will develop a strategy to eliminate the violations and minimize the risks.
Contact us, and we will help you solve the issue of self-build legalization efficiently and quickly!
We can provide you with full turnkey support for the legalization of a real estate object or registration of a new self-built construction object in the city of Kyiv or the Kyiv region. Calculate the cost of services for legalization and legalization of self-build – fill out the application form below.
Calculate the cost of services
1 question
Do you own a plot of land under a built real estate object?
2 question
Was your building built before 05/08/1992?
3 question
Does your property have an area of more than 500 sq.m.?
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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