Legalize apartment re-planning in Kyiv at the BTI

Legalization of re-planning and reconstruction of premises

Legalizing the re-planning and reconstruction of any premises is a fairly serious process that requires collecting a certain set of documents, as well as obtaining special permits. If you do not legalize your actions correctly and in time, you may receive a fine, which can be quite large. To carry out the planned reconstruction of your own house or apartment without delays and setbacks, you will need the assistance of qualified lawyers from the “Nakaz” company. Our experience will help to do everything promptly and in accordance with the laws of Ukraine.

Documents required for re-planning and reconstruction

To carry out re-planning or reconstruction of an apartment, house or non-residential premises, you need to prepare the following documents:

1. Project (architectural plan) of the premises, certificate of complexity category, order appointing the responsible GAP, GIP.
2. Technical supervision documents (order appointing the person responsible for conducting technical supervision and the technical supervision certificate).
3. Contract documents (if available).
4. Documents of urban planning conditions and restrictions on the land plot (in the case of building a new house larger than 300 sq. m, entrance group).
5. State act for the land plot, land plot certificate, land lease agreement.
6. Owner’s passport details and TIN.
7. Legal documents for the real estate object (in the case of reconstruction of an apartment, non-residential premises, house).
8. Preparation of a new BTI technical passport for the real estate object.
9. Completion and registration of the declaration to start construction works.
10. Agreement on payment of the participation fee or a certificate of exemption from payment of the participation fee.
11. Completion and registration of the declaration of readiness of the object for operation.
12. Removal of the mark in the BTI technical passport.
13. Entering the details into the real estate register after the apartment reconstruction.

Information for handling the registration yourself

If you want to try to obtain permission for reconstruction or re-planning of an apartment yourself, you need to clearly plan your actions and be patient. This process takes months for professionals, and for an ordinary person without training – approximately half a year. The “Nakaz” company recommends following 5 steps to get the desired result as quickly as possible:

Step 1.

You need to sign a contract with the Designer for author’s supervision and for the development of the reconstruction project, and also with an Engineer for the technical inspection.

Step 2.

Independently fill out the declaration to start construction works and submit it to the Kyiv City Permit Center (Kyiv, Dniprovska Embankment, 19-B). Its review period is 5 working days. When you receive the “First declaration”, you can begin construction works on its basis.

Step 3.

Obtaining a new BTI technical passport for the real estate object after reconstruction or re-planning. The review time is from 3 days to 1 month.

Step 4.

Apply to the Department of Economy and Investment for the calculation of the participation fee. Then conclude an agreement on the calculation of the participation fee. Obtain a certificate of payment of the participation fee.

Step 5.

After completing the repair and construction works, you need to draw up the “Second declaration”. To do this, apply to the Permitting Authority (for Kyiv, Dniprovska Embankment, 19-B) with a statement of completion of construction or repair. In addition, you must submit copies of previous documents. The review period is 10 working days.

Step 6.

Register a new certificate of ownership for the apartment after the works in the Registration Service. The review period is from 2 hours to 5 working days.

If any questions or complications arise at any stage of the process, you can always contact the professionals of the “Nakaz” company. We will gladly help you.

Legislation

Before starting work on preparing documents regarding re-planning or reconstruction of a premises, it is useful to familiarize yourself with the legislative and regulatory framework. In it you will find all the necessary information about legalizing the process, and you will also be able to assess the legality of your actions. After all, not all repair and construction works can be carried out in an apartment. So, the list of useful regulatory legal documents:

Law of Ukraine “On Architectural Activity“;

Law of Ukraine “On the Fundamentals of Urban Planning“;

Law of Ukraine “On Liability for Offenses in the Field of Urban Planning Activity“;

Law of Ukraine “On Regulation of Urban Planning Activity“;

Law dated 09.04.2015 № 320-VIII “On Amendments to Certain Legislative Acts of Ukraine Regarding the Decentralization of Powers in the Field of Architectural and Construction Control and Improvement of Urban Planning Legislation“;

Resolution of the Cabinet of Ministers of Ukraine dated April 13, 2011 No. 466 “On the procedure for carrying out preparatory and construction works ” (as amended by the Resolution of the Cabinet of Ministers of Ukraine dated August 26, 2015 No. 747);

Resolution of the Cabinet of Ministers of Ukraine dated April 13, 2011 No. 461 “On the procedure for putting into operation objects completed by construction” (as amended by the Resolution of the Cabinet of Ministers of Ukraine dated September 8, 2015 No. 750).