Legalization of unauthorized construction in Ukraine

On March 22, 2018, the Verkhovna Rada of Ukraine adopted a bill on the extension of the time limits for the legalization of unauthorized construction, erected from August 5, 1992 to April 9, 2015. It is possible to legalize unauthorized buildings until December 31, 2018. This law touches on an important topic for many Ukrainians. In 2015, owners of illegal houses were already given the opportunity to carry out all the necessary procedures within a year, but the majority did not manage to complete the legalization process.

How is unauthorized construction legalized?

The new law not only makes it possible to legalize real estate, but also simplifies its acceptance into operation. In order to legalize the samostroy, you will need to submit a package of documents to the state architectural and construction control body. Within 10 working days, a technical survey of the facility is carried out, after which a decision is made on acceptance into operation or denial of this right.

It is possible to legalize such arbitrarily constructed buildings:

  • individual (manor) houses;
  • garden and country houses;
  • utility buildings;
  • other structures.

Moreover, for the successful legalization of unauthorized construction, the total area of ​​the building should not exceed 300 square meters. Objects must be built on land plots of the appropriate purpose and meet the state building codes of Ukraine. The right to the possibility of legalization does not apply to multi-storey buildings erected with significant violations of the law.

Consequences of using illegal buildings

In the case of using illegal buildings, the following liability arises:

  • receiving a fine in the amount of 5-10 tax-free minimum incomes of citizens;
  • the owner cannot sell or donate real estate, as well as leave it as an inheritance;
  • it is impossible to conduct any communications into the structures;
  • illegal buildings are subject to demolition.

A person who has not legalized unauthorized construction by law does not own this property and cannot obtain a certificate of ownership. There is also criminal liability for unauthorized construction of an object, which arises when two factors are simultaneously present:

  • unauthorized construction takes place on an illegally occupied piece of land;
  • the owner of the illegally occupied site suffered significant material damage.

Responsibility for such actions is determined by the court and may be as follows – a fine of 300-500 NMDG or arrest for six months, or restriction of freedom for up to 3 years.

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