What is self-development and how to legitimize it?

15.10.2021

What is self-construction and how to legalize it?

Construction of new buildings and individual houses on land plots without any permit documentation is a fairly common practice in Ukraine.

It is not uncommon for there to be no land documents either. But why are our compatriots in no hurry to legitimize self-government? The question is interesting, especially given the fact that arbitrary construction entails appropriate administrative penalties. Let's try to figure out how to legalize self-build in Ukraine in 2021, and let's start with what objects generally fall under the definition of self-build. According to Ukrainian legislation, this is a building, structure or structure that is erected:

  • on an unregistered land plot (there is no state deed for the land, no lease agreement, no superficiation agreement);
  • with gross violations of building regulations regarding safe operation (this is determined by an examination in court or an inspection by the DABK);
  • without the appropriate registration of permit documentation.

Buildings reconstructed without obtaining permits also fall into this category. At the same time, the owner of the object has the opportunity to prove that he did not know about the restrictions on the plot, and then the building will not be recognized as self-built.

And although there are many arbitrary buildings in Ukraine, this does not mean that in our country people can build whatever they want and wherever. The reality is that sooner or later problems will befall the owner of an illegal object and will make him pay dearly for self-government. Fines for self-construction are high, and in case of non-payment, your building can be demolished. Therefore, it is much easier and more profitable to legalize an arbitrarily constructed building.

Penalties for self-construction

There is an opinion that laws exist to be broken. Apparently, it is observed by all owners of illegal structures, since there are quite a lot of unauthorized objects in Ukraine. However, you should not be so sure of your impunity, since you will have to legalize self-government in any case. And it is better to do it at the beginning of construction. Most often, many objects built without the permission of state authorities can be legalized after construction. By the way, if you are thinking about buying real estate, we recommend that you contact us professional luxury real estate agency THE Capital.

But there are more and more cases when the registration of illegally erected real estate is refused, and the buildings themselves have to be demolished. Demolition of an arbitrary structure is not the only punishment for non-compliance with the law. Gore-builders will also have to pay a fine for self-construction. And the sums are not small there.

  • If you build a garage, country house, shed or other small architectural form, the maximum amount of fines will be 640 thousand hryvnias.
  • If your self-build is higher than 4 floors and also consists of several apartments - fines can reach 480 million!
  • Well, if you dare to build an entire factory, a large residential facility, it will cost you more than 480 million hryvnias.

See also: How to rent a non-residential premises?

Also, everything depends on the stage of construction: the initial stage will cost you less, but the finished object will cost you more. In addition, the lack of documents and state registration causes a number of other problems:

  • self-construction cannot be sold, gifted, bequeathed, or taken as collateral;
  • the self-build can simply be taken away, and the real owner will not be able to prove his right - the self-build is not registered;
  • without the right of ownership, it is difficult to install electricity or water pipes / sewage, etc., on a self-build.

Therefore, it is better to legalize self-development. Getting permission from the local authorities for construction, reconstruction or redevelopment is a little troublesome, but this way you will save nerves and money that would simply go to a fine for self-construction. Many people are afraid of the complexities of the property rights registration procedure.

See also: Renting an apartment: how to write an ad correctly?

But today, in order to legitimize self-build in Ukraine, you can turn to special agencies, and not do it yourself. Many organizations offer "turnkey" self-construction legalization services: from the production of project documentation to the registration of ownership of the legalized object. Was the publication interesting and useful? Subscribe to our real estate blog updates and get the latest posts from THE Capital real estate agency.

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