Attorney
Lawyer with many years of experience in the field of real estate and land law. Support for construction, registration of land plots, obtaining permitted documentation and protection of property rights. Also has successful cases of labor law and mobbing at work.
Legalize the garage
Often, the user of a garage has a question about legalizing this property. Legalizing a garage is an important procedure, as it guarantees your rights as the owner. This protects you from any misunderstandings with government agencies, neighbors and other interested parties. In addition, it makes your property legally protected. Thanks to our company, you can be sure that your garage will be legally registered.
Free privatization of land for the construction of a garage
According to Article 121 of the Land Code of Ukraine, you have the right to free privatization of a land plot for further construction. It is necessary that it is then constructed in accordance with the requirements of current legislation and the State Building Code, in order to avoid fines for unauthorized construction.
In order to exercise this right, several key conditions must be met:
- the maximum area of the land plot is no more than 0.01 hectares;
- there is another object of the owner’s real estate on the land (during martial law).
When (not) is it necessary to obtain a permit for construction, major repairs of a garage?
The issue of the need to obtain a construction permit is regulated in a number of regulatory legal acts, in particular in the Resolution of the Cabinet of Ministers of Ukraine No. 406. From the provisions of this act it becomes clear that a permit is not required for the construction, major repairs of a garage, but only if it:
- was built before August 5, 1992 (the norms of the construction amnesty apply);
- is a temporary structure without a foundation;
- is located in the courtyards of apartment buildings and is self-built (a different legalization procedure applies).
It is important to note: metal containers and boxes, which are sometimes used as a garage, cannot be legalized, since they do not act as a capital structure. In other cases, a permit will be required.
Privatization of a garage in a garage cooperative
If your garage is located in a cooperative, we will help you sort out all issues regarding its privatization. In particular, for this it is necessary to have a technical passport of the BTI for the structure, documents for the land, personal documents of the owner and a certificate of membership in the cooperative with the absence of debt. It is the full payment of the share that is the moment when the member of the cooperative acquires the right of ownership of a specific garage box. Before a member of a garage-building cooperative can draw up documents for his personal garage, the cooperative itself must be properly drawn up and registered.
Legalization of a garage on the territory of a private household (self-construction)
It is important to understand that if you build real estate on the territory of your own household, you do not have the legal right to operate it if you have not received all the permits.
Legalizing a garage on the territory of a private household has its own characteristics, which are important to consider when carrying out this process. In particular, before starting the legalization procedure, it is important to check the legal status of the land plot on which the garage is located. When the land plot is privatized or the owner is a private person, this will simplify the legalization process. Legalization also requires checking the compliance of the structure with building codes. Finally, you need to have a set of documents, including the technical passport of the building, as well as documents on the ownership of the land plot.
It is worth emphasizing that the process of legalizing an unauthorized garage usually includes:
- technical inventory;
- commissioning (if it does not fall under the norms of the construction amnesty).
Legalization of a garage in the courtyard of an apartment building
If your garage is located in the courtyard of an apartment building, its privatization (as well as the privatization of the land under it) is usually impossible, since the adjacent territory belongs to the common property of the residents. Instead, to legalize it, you need to act as follows:
- registering the right to use the land plot by lease, the right of permanent use;
- obtaining the consent of the co-owners (the corresponding decision of the condominium association);
- initiating the procedure for transferring ownership of real estate (usually through redemption, lease in the condominium association).
Registration of ownership of a garage
After you have completed all the necessary preparatory stages, the most important step is the state registration of your right in the State Register of Real Property Rights to Real Estate (SRPR). It is mandatory, as it confirms the legal ownership of the garage. To begin registration, you must have a full package of documents confirming the legality of the structure and your right to it:
- declaration of readiness of the facility for operation (for new buildings or legalized self-built structures);
- certificate from the garage cooperative on full payment of the share (for privatized garages from the garage cooperative);
- technical passport for the garage (for almost all cases);
- documents certifying the right to the land plot (in any case);
- copy of the passport and identification code of the future owner (or power of attorney – when your interests will be represented by an appropriate authorized person);
- application for registration actions to the ASNAP, notary.
Legal support for garage legalization from specialists of the Law Firm “Prikhodko & Partners”: what services can you get?
Legalization, regardless of whether the garage was built illegally or requires registration of ownership rights in a cooperative, is a process that requires in-depth knowledge of the legislation, experience in interacting with state authorities, and attention to detail. The Law Firm “Prikhodko & Partners” offers comprehensive support that will provide you with professional assistance at every stage. We understand that each case is unique, so we study the situation in each individual case in detail in order to develop the most effective legalization strategy.
Our real estate experts provide a full range of legal services, including:
- initial consultations;
- legal analysis of the documents provided;
- collection of the necessary documentation for legalization;
- obtaining a technical passport;
- registration of rights to the land plot;
- commissioning;
- representation of the client’s interests in state bodies and court (if necessary).
If you need a consultation or want to know the price of legalizing a garage, fill out the form below.
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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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