What is the legalization of unauthorized property or the legalization of unauthorized construction? Many people have negative associations with the term legalization or legalization. However, this is usually due to a misconception of what this process is.
Legalization or legalization of unauthorized construction is a set of measures aimed at ensuring that an unauthorized construction object acquires the official status of real estate and that information about such property is entered into the Register of Real Property Rights.
What is considered unauthorized construction or unauthorized property?
The construction of a new facility must follow a certain procedure consisting of the following main stages:
- Obtaining the right of ownership or use of a land plot with the appropriate designated purpose
- Obtaining a building permit or construction passport
- Obtaining technical specifications
- Submitting a notice of commencement of construction works or obtaining a permit to start construction works
- Execution of construction works in compliance with construction standards
- Commissioning of the constructed object
- Registration of ownership or changes to the characteristics of an existing construction project
- Obtaining the right of ownership or use of a land plot with the appropriate designated purpose
- Obtaining technical specifications
- Execution of construction works in compliance with construction standards
- Registration of ownership or changes to the characteristics of an existing construction project
- Obtaining a building permit or construction passport
- Submitting a notice of commencement of construction works or obtaining a permit to start construction works
- Commissioning of the constructed object
Compliance with the order of these stages is necessary for any construction work:
- during the construction of an individual, garden, country house, outbuildings and structures;
- in case of completion, redevelopment with interference with load-bearing structures,
- reconstruction,
- vestibule extension,
- arrangement of an entrance group,
- completion of the attic floor, etc.
If at least one of the stages listed under numbers 1, 2, 4, 5 of the table is omitted, such construction is considered unauthorized.
However, developers, both legal entities and individuals, often ignore the requirements of the law and carry out work without obtaining the necessary documents.
The reasons for the construction of unauthorized construction may be different – for some it is a surprise that in order to carry out an extension to an object located on a private land plot, it is necessary to submit a notice of commencement of construction work, and someone simply gets tired of dealing with bureaucratic procedures and unreasonable refusals of the authorized bodies and decides to build without the necessary documents.
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The procedure for legalizing objects built without the necessary documents differs depending on the time of construction.
If the building was constructed before 1992, the legalization procedure is particularly easy, because before 05.08.1992 there were no requirements for putting objects into operation under the law. Ownership of such an object can be obtained by means of a technical passport confirming the year of construction and the relevant document on the right to a land plot.
Buildings constructed without proper permits between 1992 and 2015 may be put into operation under a simplified procedure. This simplified process applies to detached residential buildings, garden or country houses, as well as outbuildings with a total area of up to 300 square meters, if they are built on a land plot with the appropriate designation.
To legalize such structures, it is necessary to: obtain a technical passport from the BTI indicating the technical condition; submit a declaration of commissioning; and register the ownership with the state registrar.
Facilities built after 2015 usually cannot be subjected to the simplified procedure. Owners will have to go through the full cycle, from obtaining all the necessary permits to commissioning.
Legalization of unauthorized construction in court
Is it possible to recognize the ownership of real estate built without the necessary documents by going to court?
For a long time, there was a court practice whereby owners of illegal property applied to the court for recognition of ownership of real estate and registered their ownership on the basis of a relevant court decision.
However, as of today, in order to obtain such a court decision, you need to prove in court
- that you have taken all measures to put the facility into operation out of court and register your ownership of it
- that the authorized bodies refused you
- that such a refusal was unlawful
- that such a refusal violated your rights and interests
Consequences of unauthorized construction
- bringing to administrative/criminal liability
- imposition of fines
- obligation of the developer to compensate for damages caused by unauthorized construction
- inability to register ownership of real estate
- impossibility to lease the property
- inability to transfer property to a mortgage
- Impossibility of alienation of property (it is impossible to sell or donate it)
- inability to transfer property by inheritance
- bringing to administrative/criminal liability
- obligation of the developer to compensate for damages caused by unauthorized construction
- impossibility to lease the property
- Impossibility of alienation of property (it is impossible to sell or donate it)
- imposition of fines
- inability to register ownership of real estate
- inability to transfer property to a mortgage
- inability to transfer property by inheritance
Why should you contact GlobalBud Ukraine for the legalization of unauthorized construction?
We do not work according to a template, but carefully study each situation. We always offer all available options for solving our client’s issue, which may differ in terms of time and cost. We develop a strategy, following which we can accurately guarantee a positive result.
Many years of experience working with objects of varying complexity allows us to find a way out of the most difficult situations.
At the start, we always talk to the client in detail about the path we will follow and provide answers to all questions.