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Legalization of Unauthorized Construction Kyiv

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Legalization of an Unauthorized Building through the Court

The issue of legalizing unauthorized houses is very relevant in our country. Unfortunately, it is customary here to build a house first and only then think about legalizing the structure. This tendency exists because obtaining all the necessary permits for construction is quite difficult.

An unauthorized construction is considered an object that is built without the appropriate permit or without an approved design, or on land not allocated for this purpose, or in violation of building regulations. Such an object cannot be disposed of, and if it is established that the house was built with gross violations of building regulations, the object may even be demolished. But even if the house was built in compliance with all building standards, the owner of such a structure may be required to pay a fine.

The legalization of unauthorized houses is carried out in accordance with the procedure established in the Order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine.

Buildings that fall under the Order:

  • structures built from 05.08.1992 to 12.03.2011, namely: individual (homestead) residential houses, dacha and garden houses, utility (household) buildings and structures, and extensions thereto;
  • structures of complexity categories I and II, the construction of which was carried out before 12.03.2011, namely: public buildings, structures and facilities for agricultural purposes.

In order to put into operation a house that was built without the appropriate permit, it is necessary to go through certain stages of its legalization and collect a large number of documents. The process of legalizing unauthorized structures can take a fairly long time — from six months or more.

Commissioning of completed objects occurs only on the basis of registration with the architectural and construction control inspection located at the place where the object is situated.

The package of documents required for registration:

  1. an application of the prescribed form (signed by all co-owners of the land plot and the object);
  2. a declaration of readiness of the object in two copies (drawn up in the prescribed form);
  3. a technical inspection report prepared by certified specialists (exceptions for which the report does not need to be drawn up: individual (homestead) residential houses, garden, dacha houses, extensions to them with a total area of up to 300 sq. meters inclusive, utility (household) buildings and structures, extensions to them with a total area of up to 100 sq. meters. For the specified structures, a technical passport is sufficient.
  4. notarized copies of the technical passport and the land plot document;
  5. a copy of the passport and the identification code;
  6. a notarized power of attorney for a specialist of our company.

Documents that you do not have in your possession will be obtained by our specialists themselves.

Registration procedure:

  1. Registration of the declaration and commissioning of the building is carried out free of charge within 10 working days from the date of submission of the package of documents;
  2. Within 7 calendar days from the date of registration of the declaration, it is necessary to provide its copy to the local self-government body (local executive authority) at the construction site;
  3. The inspection makes a decision on the application of fines for construction in violation of the law.

Given the complexity of the procedure for legalizing an unauthorized house, the best solution in such a situation is to contact the experienced specialists of our company. We can save you time and nerves by resolving the issue as quickly as possible.

Until the end of 2015 the “construction amnesty” is in effect, which provides for putting certain unauthorized constructions built in the period from 05.08.1992 to 12.03.2011 into operation on the basis of a technical inspection without applying fines for the construction, operation and use of such objects.

Legislation:

  1. Law of Ukraine dated November 16, 1992 No. 2780-XII “On the Fundamentals of Urban Planning“;
  2. Law of Ukraine dated February 17, 2011 No. 3038-VI “On Regulation of Urban Development Activities“;
  3. Order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine dated 24.04.2015 No. 79 “On approval of the Procedure for accepting into operation individual (homestead) residential houses, garden, dacha houses, utility (household) buildings and structures, extensions to them, public houses and buildings and agricultural buildings and structures of complexity categories I and II, built without a permit to perform construction works, and conducting technical inspection of their building structures and engineering networks”.
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