Legalization of apartment reconstruction

Автор: admin_dev

Дата оновлення: 13 August 2013

Legalization of carried-out apartment reconstruction is a fairly long and protracted procedure; this is largely due to its duration and the lack of knowledge of the main nuances and subtleties of this process. Experts divide the entire procedure of legalizing apartment reconstruction into …

Process of legalizing (legalization of) apartment reconstruction in Kyiv

Legalization of carried-out apartment reconstruction is a fairly long and protracted procedure; this is largely due to its duration and the lack of knowledge of the main nuances and subtleties of this process. Experts divide the entire procedure of legalizing apartment reconstruction into 4 main stages. It should be noted that the procedure is exactly the same for those who have already carried out reconstruction and for those who are only planning it.

First stage of legalizing apartment reconstruction

• So, in order to start legalizing the apartment reconstruction, it is necessary to collect neighbor consent statements from residents of your building. Ideally, such consent statements should amount to 50% of the total number of residents; however, in practice it is usually sufficient to obtain consent from the neighbor on the floor above, below, to the left and to the right. Please note that the wording of such agreements must be strictly observed, i.e., consent statements do not have an arbitrary form and their text must meet certain requirements. Regarding the form of such statements, they must either be notarized or certified with the seal of the balance holder (i.e., housing maintenance authority, condominium association, etc.).
• Next, you should collect several other mandatory certificates. The first and probably the most important at this stage is the certificate from the balance holder confirming their consent to the reconstruction of your dwelling. The balance holder is responsible for changes made in the apartment, so their consent is primary. In addition, it is necessary to obtain Form No. 3 certificate, a certificate of payment of all utility bills, as well as a certificate that an HOA has not been formed (if applicable).

These are the main steps that need to be taken when legalizing apartment reconstruction at the initial stages. Next, you should proceed to the following stages of this process.

Second stage of legalizing apartment reconstruction

• One of the main documents that must be prepared is the apartment reconstruction project. Only after having this document can you fully continue the legalization actions for modifying your dwelling. It should be noted that this document is purely technical and requires a professional approach. Therefore, at this stage it is recommended to use the services of a design organization that has specialists with the appropriate qualification certificates. Later, specialists of this organization should perform architectural supervision.
• After preparing the project, the next action is to apply to the State Architectural and Construction Inspection (GASK). The purpose of this application is to request permission to carry out construction works. Today such permission is issued by submitting a Declaration on the commencement of construction works. Only after the registration of this Declaration by the GASK Inspection does the apartment owner have the right to perform reconstruction works.
• After the above procedures and the actual repair work has been carried out, you should order a technical passport for the apartment. For this you need to contact the Bureau of Technical Inventory and request a technician visit to record the changes made. This service is paid and is charged by the respective bureaus of technical inventory differently in different localities.

The following stages are directly related to legalization and are the main parts of this process.

Third stage of legalizing apartment reconstruction

• Registration of the declaration of commissioning. Having obtained a technical passport for the apartment with the note “Not put into operation”, it is necessary to reapply to the GASK Inspection, since this organization has the authority to commission (in fact legalize) apartments after reconstruction. The result of this stage will be the Declaration of the readiness of the object for operation (the so-called Declaration No. 2). By registering this declaration, the state, represented by the GASK Inspection, confirms the legality of the reconstruction.

• Removal of the mark in the BTI. Subsequently, in the event of successful registration of Declaration No. 2, in order to make changes to the technical documentation you need to contact the Bureau of Technical Inventory, specifically to remove the “not put into operation” mark.

• Payment of the participation fee. At this stage you should pay funds to the locality where the property is located to account for its interests regarding the additionally created square meters of housing. Thus, after the reconstruction, it is necessary to contact the departments (divisions) of economy and investments and make a payment of the share contribution for the development of the social and engineering-transport infrastructure of the locality. This payment is mandatory and backed by legislation. Therefore, it must be made when legalizing apartment reconstruction.

After completing the procedures of the third stage, you can proceed to the final stage. The last stage is connected with formal but still mandatory steps of the legalization process.

Fourth stage of legalizing apartment reconstruction

• Formalizing ownership rights. The next step will be to formalize the ownership rights to the reconstructed apartment. Despite the existence of such rights, they still need to be formalized because the reconstruction has effectively created a new real estate object. A change in the apartment’s configuration is a basis for replacing the title document. Put simply — a reconstructed apartment is a new apartment and the rights to it must be formalized. The document confirming ownership of the apartment after reconstruction is exclusively the Certificate of Ownership.
• Registration of ownership. Next, it is necessary to confirm the fact of the emergence of ownership rights. This fact is confirmed by the state through the Bureau of Technical Inventory. Today this authority is the keeper of the register of property rights, so to confirm your ownership you should contact the BTI and enter the owner’s information into the unified register of immovable property objects and obtain an Extract of state registration.
• Re-registration of the personal account. Ultimately, you only need to contact the same balance holder and re-register the utility payment agreement in connection with the change in the apartment’s area, if such a change occurred during reconstruction.

The full procedure for legalizing apartment reconstruction looks as follows; as a plan of all stages of this procedure you can use the following table: 

List of stages for legalizing apartment reconstruction