What is self-construction and how to legalize it?

15.10.2021

What is self-construction and how to legalize it?

The construction of new buildings and individual houses on land plots without any permits is a fairly common practice in Ukraine.

It is not uncommon for there to be no documents for land. But why are our compatriots in no hurry to legalize squatting? The question is interesting, especially in view of the fact that unauthorized construction leads to appropriate administrative penalties. Let's try to figure out how to legalize squatter construction in Ukraine in 2021, and let's start with what objects generally fall under the definition of "squatter construction". According to Ukrainian legislation, this is a building, structure or structure that was erected:

  • on an unregistered land plot (there is no state certificate for the land, no lease agreement, no superficies agreement);
  • with gross violations of building standards for safe operation (this is determined by an expert examination in court or by the inspection of the State Automobile Inspectorate);
  • without the appropriate registration of permits.
 

Also included in this category are structures reconstructed without obtaining permits. At the same time, the owner of the object has the opportunity to prove that he did not know about the restrictions on the site, and then the building will not be recognized as unauthorized construction.

 

And although there are many unauthorized buildings in Ukraine, this does not mean that in our country people can build anything and everything anywhere. The reality is that sooner or later problems will overtake the owner of an illegal object and make him pay dearly for arbitrariness. The fines for unauthorized 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 unauthorized building.  

Fines for squatter

There is an opinion that laws are there to be broken. Perhaps, all owners of illegal buildings adhere to it, since there are a lot of unauthorized objects in Ukraine. However, one should not be so sure of one's impunity, since in any case it will be necessary to legalize the squatter. And it is better to do this before the start of construction. Often, many objects built without the permission of state bodies can be legalized after construction. By the way, if you are thinking about buying real estate, we recommend that you contact our professional luxury real estate agency THE Capital.

But there are more and more cases when the registration of illegally built real estate is denied, and the buildings themselves have to be demolished. Demolition of unauthorized buildings is not the only punishment for non-compliance with the law. Unfortunate builders will also have to pay a fine for self-building. And the amounts are not small. 

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

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It also 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 entails a number of other problems:

  • a squatter building cannot be sold, donated, inherited, or taken out on collateral;
  • a squatter building can simply be taken away, and the real owner will not be able to prove his right - the squatter building is not registered;
  • without ownership, it is difficult to conduct electricity or water supply / sewerage, etc.
 

Therefore, it is better to legalize samostroy. Obtaining permission from local authorities for construction, reconstruction or redevelopment, although a little troublesome, but this way you save nerves and money that would simply go to a fine for self-build. Many are frightened by the complexity of the procedure for registering property rights.

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But today, in order to legalize unauthorized construction in Ukraine, one can apply to special agencies, rather than doing it personally. Many organizations offer services for the legalization of self-construction on a turnkey basis: from the preparation of project documentation to the registration of ownership of a legalized object. Was the post interesting and helpful? Subscribe to our updates real estate blog and get the latest publications from the real estate agency THE Capital.