The Ukrainian legislation in the field of construction is complicated and being constantly changed. It has resulted in the fact that many of our citizens are owners of objects built without authorization or without title documents for their real estate. An unauthorized structure is any real estate item built/reconstructed without a building permit.
Until December 31, 2015, such real estate could be legalized on the basis of a construction amnesty as it implies the release from the payment of fines when processing papers for a house, summer cottage, non-residential or utility room that falls under the category of “self-construction”. The procedure also provided for the commissioning of such construction on the basis of a technical report.
After the grace period has ended, the process of legalizing unauthorized buildings in Ukraine has become much more complicated, however, using many years of experience and recent legislative changes, the team of lawyers of Law Firm “Dominanta” has developed a new methodology for legitimizing “self-construction”, which makes it possible for our clients to get a full set of documents for an unauthorized reconstructed building within 10 days.
THE PRELIMINARY CONSULTATION ON THE POSSIBILITY OF LEGALIZATION OF AN UNAUTHORIZED STRUCTURE IS FREE OF CHARGE!
We draw your attention to the fact that residential buildings, summer cottages and garden houses, household (utility) buildings and structures built before 1992 can still be registered according to a simplified procedure. According to the law of Ukraine “On registration of property rights to real estate” such objects are not subject to acceptance into service. The title to such real property can be registered on the basis of such documents: extract from the household book and a document that certifies the right to the respective land.
If you built a house or carried out reconstruction without authorization documents after 1992, there are two main ways to legitimize unauthorized construction.
If you have a registered right of ownership or use of a land plot, it is possible to commission an unauthorized structure with an area of up to 300 sq.m. according to a simplified procedure by obtaining a construction passport. To do this, you need to:
Execute an architectural calculation (a sketch of development intentions) - calculation of maximum permissible parameters of development, engineering communications and improvement with existing buildings in compliance with current norms and rules. To develop it, you need:
Get a construction passport for the land at Department of Architecture and Urban Planning of the Odessa City Council (Odessa City, 10, Gogol Str.). This document is issued free of charge within 10 days provided that the following package of documents is submitted:
Submit a notice on the start of construction work to the Office of the State Architectural and Construction Control (Odessa City, 6, Chernyakhovsky Str.).
Get a new technical passport for the construction.
Register a declaration of readiness of the object for operation at the Office of the State Architectural and Construction Control (Odessa City, 6, Chernyakhovsky Str.). To do this, you should provide the following documents:
Register the ownership of the real estate item in the Office of State Registration of the Legal Department of the Odessa City Council (Odessa City, 6, Chernyakhovsky Str.) or at any other registrar, including a notary public.
In the case of unauthorized construction on a land plot that does not belong to you, the only legalization option is to appeal to the court at the location of the real estate.
Until 2012, the judicial method for legalizing unauthorized constructions was very widespread, since the practice wended the way of satisfying such claims, provided that the construction corresponded to all construction rules.
However, since 2012, after the adoption of resolution “On the practice of application of Article 376 of the Civil Code of Ukraine by courts (on the legal regime of unauthorized construction)” by the Plenum of the High Specialized Court of Ukraine, the possibility of judicial resolution of this issue by the courts was significantly narrowed. So, in addition to the above requirements, the declaration of title to unauthorized constructions became possible only if a land plot was provided for the house that had already been built before.
It is also necessary to take into account the latest legal positions of the Supreme Court of Ukraine of 2015-2016, according to which the courts cannot declare the titles to unauthorized construction items located on land plots not designated for these purposes in accordance with Art. 331 of the Civil Code of Ukraine, and even after the declaration of title to such an object, it is subject to commissioning in the manner prescribed by law.
most effective scheme for its legalization and draw up a full package of documents with the least cost. You become a fully legitimate owner and can dispose of your unauthorized structure at your discretion only after its legalization and state registration of the title of ownership.
WE WILL HELP YOU LEGALIZE AN AUTHORIZED STRUCTURE, AND OUR MOTTO IS “WE STRIVE FOR BEST RESULTS!”