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Legalization of illegally constructed objects

Legalization of illegally constructed objects

Legal company "Ukrainian Legal Group" Optima "professionally resolve issues related with the legalization of unauthorized buildings.

Ukrainian legislation establishes a special regime for immovable illegally constructed property, based primarily on the facts of the legal status of the land, the availability of building permits, an approved project, the type of violation of building codes.


According to Section 4 of the Plenum of the Superior specialized court of Ukraine for Civil and Criminal Cases "On the practice of courts of Article 376 of the Civil Code of Ukraine ( the legal regime for unauthorized construction )» № 6 on 30.03.2012 , under the unauthorized construction of real estate should be understood unauthorized structure, raised on the land property:

 

 - Not designated for that purpose , that is, land is not classified as residential and municipal land;

 - Not designated for that purpose and without legal document , but on the condition that a land property was previously transmitted to developer and there was built real estate item;

- Which was not allocated for the building, and is belong to someone else's property (in fact " self-acquisition ").

- Land property that has been allocated either for the construction or allows the authorized construction of a certain object , and the person has built an object that is significantly different from the project without the project or not properly approved project ;

- Building on the basis of the project, in which are substantial violations of the GOS;

- The construction with a substantial violations of building codes as there are solutions for their elimination of the competent authority .

 

Ownership on a self-acquisition can be accepted on the finished object, if  during the building is not permitted gross violation of state building codes. Only after that can be registration of unauthorized construction and getting the property right on it.

 

In Ukraine, the legalization of unauthorized construction is possible by contacting with  the local public authorities or in court. The most common and universal way to legitimize the unauthorized construction - is a judicial order.

 

It should be noted that for the recognition of the right of ownership to the plaintiff should be handled at the location of the legalization object, since on the legal relations subject to the rules of exclusive jurisdiction. The plaintiff must also carefully approach the preparation of evidence and legal position.

The subject of proof in court (the circumstances which must be confirmed by evidence ) is a fact during construction was compliance with the requirements  land, fire, town planning legislation and state building codes . Necessary documents confirming such facts are as follows:

 

- Documents of title to land and / or real estate . You should also provide documents on the allocation of land to the plaintiff , where is built the property ;

- The technical data sheet on the subject of legalizing ;

- The technical conclusion of the expert , specialist or project organization regarding percent is available for use and the possibility of its use, as well as compliance with state building codes ;

- Certificate of conformity body sanepidemstantsii facility requirements;

- The conclusion of the fire inspection authority under the requirements of fire safety facilities ;

- Affirmative response of body of architecture and urban planning ;

- Documents confirming the absence of claims neighbors to built the project and the violation of their rights;

- Proof of payment of the fine.

 

Also, before going to court it is should obtain a certificate about conformity of self-acquisition purpose of the land.

 

To prove the compliance of the land, town planning, fire legislation can be achieved by applying to the competent public authorities and institutions to obtain certificates (conclusion) on the observance of these rules and regulations.