Recognition of ownership of unauthorized construction in court

Recognition of ownership of unauthorized construction in court

Unauthorized construction (self-construction) is defined as objects built without the necessary permits or in violation of building codes, standards or regulations. Often, the owners of such facilities face the need to legalize their property, as without official recognition of ownership, it is impossible to sell, donate or use it as collateral. One of the ways to legalize is to recognize the ownership of unauthorized construction through a court.

Legal and regulatory framework

The main legal acts regulating this issue are:

• The Civil Code of Ukraine (CCU), in particular Article 376, which sets out the procedure for legalizing unauthorized construction;
• The Land Code of Ukraine (LCU), which regulates the legal status of the land plot under the construction project;
• The Law of Ukraine “On Regulation of Urban Development”;
• State Construction Standards (SCS ), which regulate the rules of construction and requirements for real estate objects.

What is considered unauthorized construction?

Unauthorized construction is considered to be:

1. Construction on a land plot that is not owned or used by the developer.
2. Construction of an object without obtaining a construction passport, a construction permit or without putting it into operation.
3. Violation of building codes and regulations during construction.

Grounds for going to court

Pursuant to Article 376 of the CCU, the ownership of an unauthorized construction may be recognized under the following conditions:

• the developer has the right of ownership or use of the land plot where the facility is located;
• the unauthorized construction complies with building codes, standards and regulations;
• the object does not pose a threat to human life and health.

Procedure for recognizing ownership of unauthorized construction through court

1. Preparation of documents To apply to the court, you need to collect
   
   • documents for the land plot (state act, extract from the State Register of Real Estate Rights)
   • technical passport of the real estate object;
   • an expert’s opinion on the compliance of the building with building codes;
   • information on the absence of permits.
2. Filing a statement of claim The statement of claim must contain:
   
   • information about the plaintiff and the defendant (in case of a dispute with other persons)
   • description of the circumstances of the construction;
   • substantiation of claims for recognition of ownership;
   • references to legal provisions (e.g., Article 376 of the CCU).
3. Court proceedings The court considers the validity of the claim, checks the availability of documents and compliance of the object with the standards. In case of a positive decision, the court recognizes the ownership of the real estate.
4. Registration of ownership rights Based on the court decision, the owner must apply to the state registration authorities to make the relevant changes to the State Register of Real Estate Rights.

Risks and difficulties

• Rejection in court. If the developer does not have rights to the land plot or the building does not comply with building standards, the court may refuse to recognize the property right.
• Possible fines. Administrative sanctions may be imposed for violating the requirements of urban planning legislation.
• Long process. Legalization through the courts can take considerable time due to the need to prepare documents and consider the case.

How to avoid problems with unauthorized construction?

In order to avoid litigation, it is recommended to comply with all legal requirements at the stage of construction planning:

• obtain permits and licenses;
• engage professional designers and engineers;
• comply with the State Building Code and urban planning conditions.

Why should you contact GlobalBud Ukraine?

Lawyers and engineers of GlobalBud Ukraine have many years of experience in resolving issues related to unauthorized construction. We offer

• legal support of the process of legalization of unauthorized construction;
• assistance in preparing and submitting documents to the court;
• advice on the compliance of your facility with construction standards.

Contact us and we will help you protect your interests and legalize your real estate.