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Publications How do you legitimize a sampler?

How to legalize self-help in Ukraine?

Practically all citizens who own residential houses, cottages, garages or other buildings are faced with this issue.

Because of the difficulty of obtaining the documents for the start of construction, many people ignore the law by building unauthorized structures without obtaining the necessary permits. The problem of legitimizing self-immolations arises first of all when it is necessary to sell, give or bequeath a property. Often, the desire to legitimize unauthorized construction comes from receiving information about fines and warnings about possible demolitions.

Under the legislation in force in Ukraine, unauthorized building is real property provided that one of the following conditions is met:

  1. The object is built on a plot of land which does not belong to the person with the right of ownership or use,
  2. Construction was carried out without a properly approved project,
  3. The facility was built in violation of building regulations.

Once again, one of these conditions is sufficient for a property to be considered self-sufficient.

The unauthorized building cannot be sold, donated or bequeathed as real estate, because technically you only own the building material from which the self-help was built.

In the practice of the law firm Riyako and partners there were many cases of legalization of unauthorized buildings. 

Consider the most problematic variant, where the owner of the self-rule does not have documents not only on the property, but also on the land under unauthorized construction.

In order to legalize the self-rule, you should apply to the Kharkiv City Council for the preservation of the unauthorized construction. In addition to the application, it is necessary to provide a certain package of documents, which includes the coordination of the sanitary and epidemiological service, the fire service, the administration of public utilities, the technical passport for the self-assessment, the executive survey of the real property, Technical report on the status of the unauthorized structures and some other documents. Then, if the application is granted, the Kharkiv City Council decides on the preservation of the unauthorized construction and the granting of permission to develop the documentation for the acquisition of the land. 

When such a decision by the City Council is in hand, it is possible to start working on the technical documentation for obtaining land for the purpose of servicing by unauthorized building. This is done by contacting the specialized organizations that have the appropriate land administration license. Often these are private organizations and the process of land documentation will not take long.

The Kharkiv City Council decides on the transfer of the land to ownership or use, if the technical documentation for the land is available.

Only then should a lawsuit be filed for recognition of the ownership of the unauthorized building. The case law in this case is positive and there are practically no grounds for refusing to recognize the ownership of the pickets.

If there are land deeds and a court decision on the recognition of the ownership of a self-help project, the State Commission for Construction and Construction (GASC) may be contacted with a declaration on the introduction of the unauthorized construction into operation. Once the declaration has been registered in Gasca, the ownership of the picket line is established and registered in the Real Property Register.

As a result of the registration of the declaration on the commissioning of the unauthorized building in the Register of Ownership Rights, the specification process has been completed and you can dispose of the property at your own discretion.

I hope that these advice will help you in the difficult process of legalizing unauthorized buildings.

lawyer in Kharkiv

 

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