What is self-build and how to make it legal

Self-build ▶️ is illegal construction that violates norms 🚫🏠 Find out what refers to self-build and what does not 🚧 How to make it legal, THE Capital™ will tell you

"Why spend extra time on legalizing self-development, if you can not do it", - after reading our material, you will understand that there is no more wrong idea than this.

An illegal construction is scary not only because of its illegality, but also because it ties the hands of its owner. Without the necessary documents, you will not be able to inherit, exchange, or sell your real estate. Such pleasant bonuses as a subsidy or benefits will never please you with their commitment. And you will also have to give up peaceful living for the simple reason that you live in a house without communications. dubious satisfaction.

We will show you that the procedure for legitimizing self-government is not as terrible as it is portrayed. By taking care of your property once, you will save yourself a headache for the entire term that it will spend with you.

An article about how it was in 2021: "(2021) What is self-government and how to legitimize it?"

Samobud: what it is and cannot be

It is easy to guess what a self-build is by its name. This is an arbitrary construction, i.e. such a real estate object, during the creation of which the owner did not manage to issue the necessary documents for permission, and therefore the object violates construction and town planning regulations. Simply put, an unregistered building is not perceived by the state and its very existence is considered unacceptable and therefore prohibited.

Violators of the law and masters of self-construction can be not only unscrupulous developers and builders, but also inspired owners of land plots, who, wanting to implement their grandiose plan as soon as possible, may by chance (or their own will) forget about the importance of the letter of the law.

Do not rush to conclusions and do not count yourself among the described personalities, if you remembered how last summer you and your children decided to build a tree house. Not everything can be called self-build. Such objects include:

• construction started without permits
• construction on a plot of land that is not intended for this purpose. That is, there is a violation of the intended purpose
• construction, the purpose of which is the reconstruction of real estate
• construction that begins to expand the area of ​​the facility
• building an extension

"Extension" is a rather broad term. Therefore, in order not to mislead you, we will also explain that self-construction definitely cannot be:

• engineering and technical arrangement
• fortification building
• loggia and glazed balcony
• greenhouse
• gazebo and canopy
• cellar
• swimming pool
• other temporal constructions

Self-build, which appeared on the streets of the city or region before 1992, also does not require a construction permit. To register the right of ownership, only the technical license and documents of the owner are required.

Different procedures for different self-builds: how to stop being a lawbreaker

The procedure for legalizing self-construction depends on the object itself - on its functional purpose (residential/non-residential), the year of construction (before 1992 or after), as well as on the size (up to 300 sq.m., up to 500 sq.m., over 500 sq. m.). Not only residential buildings fall under the category of residential self-contained buildings houses, but also garden and country houses with all possible elements of their "upgrade", such as a bathhouse or sauna, shed or garage, summer kitchen or swimming pool and other outbuildings. How to register and what is needed for this - in the given table you will learn about all the most important things.

On the way to turning your self-build into a legal construction, you will have to cooperate with several government organizations:

• State Inspection of Architecture and Urban Planning (DIAG) will help you both with issuing a permit for the start of construction, and with putting the already finished object into operation
• to get a construction passport, go to the architecture department
• for a technical passport, you can contact a company with a certified engineer or Technical Inventory Bureau (BTI)

Self-build registration is a complex procedure that requires your attention, time and costs. If it is a residential property in Kyiv, be prepared to pay from 28 hryvnias. In the Kyiv region, prices are slightly lower than - from 500 hryvnias. The terms of registration are the same everywhere and are at least a month.

Bill No. 5655: should self-build owners be afraid of it?

Let's warn you right away that you don't need to be afraid. This bill was registered on June 11, 2021 and is still under consideration. During this time, it was repeatedly discussed and criticized even by those deputies who are members of the party that created it.

What is the essence of the scandalous bill No. 5655? The three pillars on which it is based are aimed at updating norms, raising standards and accountability:

• digitization of all processes
• a significant increase in the responsibility of participants
• strengthened control over illegal construction and self-builds

In the context of our topic, the last point is key. If earlier fines for self-build owners were at the level of 50 non-taxable minimums for individuals and 20 subsistence minimums for legal entities, then with the entry into force of draft law No. 5655, they would increase to 950 subsistence minimums. And in some particularly serious cases, it would not be possible to get rid of it with one fine, and for illegal construction it would be necessary to bear criminal responsibility with imprisonment for a term of up to 5 years.

Such measures caused a wave of outrage, but further consideration of the bill caused even more outrage. Many points were directed in favor of developers. According to experts, blatant injustice to honest players and unmasked fraudsters are neighbors on the pages of the document. One could forget about responsibility and punishment in those situations when they are really needed. It will not be superfluous to say the obvious. Criticism from the Main Legal Department of the Verkhovna Rada, the Association of Cities of Ukraine and the mayors of 39 cities became an eloquent assessment of the new project. It's no wonder that back in December 2022, a petition to veto House Bill #5655 got the required number of votes faster than you could finish reading this proposal.

Decisive changes in the field of urban planning, recorded on paper, caused controversy not only within the state, but also outside its borders. The European Commission fully supports the successful petition. Transferring control from the state to the hands of private companies and local organizations will not only be counterproductive, but will also create additional integrity risks, as noted in the European Commission report.

At the moment, draft law No. 5655 has not entered into force or been repealed, it is in limbo. Only one thing can be said unequivocally - in its current form, its signing is impossible. No matter how the situation with this draft law develops, experts T.H.E. Capital recommend you not to tempt fate and legitimize your self-build as soon as possible.