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Legalization of Unauthorized Construction

Unauthorized structure means any construction which has no documents of title or permits for execution of works. In Odessa unauthorized construction is a rather spread practice.

Why does unauthorized construction appear?

Unauthorized constructions may appear because the public does not know the legislative requirements in full, or as a result of wilful actions because obtaining and agreement of documents for execution of construction works is a lasting and complicated process. However, a person who has made or is making unauthorized construction does not acquire the title to such facility. Therefore, to erect a house and own a house is not the same.

In practice we have such situation that in Ukraine and, particularly, in Odessa many people execute construction works without registration of permits. Such citizens hope that they will legalize it later without any special problems. Still we have to point out that such action falls under administrative liability and is punishable by a fine which one has to obligatory pay before legalizing the unauthorized construction.  

Legalization of the unauthorized construction: procedure and methods of legalization

It is difficult to legalize the unauthorized construction without assistance of lawyers. Legalization (registration) means a process of official recognition and perfection of the title to real estate by state authorities. Having legalized a construction, you get a registered certificate of title to it.Detached residential houses, garden houses and cottages, outbuildings and facilities with attachments to them as well as industrial buildings can be legalized in accordance with an established procedure envisaging certain steps that we should make:
  1. We conclude a contract with the client wherein we indicate the periods, cost and the final result (acting on behalf of the client is accomplished on the basis of the power of attorney).  
  2. We visit the site.
  3. We register the permits for construcition.
  4. We develop the technical specifications.
  5. We submit a declaration of readiness of the facility for operation to the Department of State arhitekrutno and Construction Inspection of Ukraine in the Odessa region (83 Kanatnaya St., Odessa).  
  6. We prepare a set of documents required to obtain the certificate from the Registration Service (10a Staritskogo St, Odessa).
Earlier the procedure of legalizing the unauthorized construction depended on its construction date. There existed a simplified procedure for legalizing unauthorized construction that allowed of a simplified procedure in accordance with the Order of the Ministry of Regions of Ukraine dated 19.03.2013, No.95. That procedure involved unauthorized constructions erected before August 05, 1992 and within the period from August 05, 1992, to March 12, 2011.

As of 2014, legalization of such real estate and their registration with the State Register of Title to Real Estate is accomplished on general grounds, similar to registration of additions to the structure. In order to legalize unauthorized constructions which area exceeds 300 sq.m., it is additionally required to prepare the technical plan.

Legalization of the constructed detached house

Those persons who neglect to legalize their houses take a risk to dishouse. Registration of ownership means a process that is indispensable part of any owner of the unauthorized construction. One may consider himself owner only in case he has registered his housing properly. 

Legalization of the erected house has its peculiarities. It is impossible to register a construction until the registration of the land has been completed. Registration of a construction existing on a non-registered land site is made as follows: first, it is necessary to legally fix ones title to the land site, and then begin to register the construction. That is why, and it happens quite frequently, legalization of a private house takes more time because it is required to register the land site first.

Why is it important to register unauthorized constructions?

The persons who have legalized the erected construction are fully entitled to sell, rent, gift and propagate his or her legally acquired property. A legalized construction precludes swindlers to take this property away from you. It should be noted that any type of real estate facilities is to be registered with the State Register of Title to Real Estate, irrespective of whether it is a residential house or a garage, shed or a bath-house. Registration is an obligatory part of the process which makes you the absolute owner of the real estate. Any erected construction must be legalized. i.e., you should register the house in compliance with the legislation of Ukraine. In the absence of the document of title any house, such as he is, may not be legally considered as yours. 

It is not worthwhile to delay the registration. There are situations when documents are needed here and now, and it is at this moment that you understand the profound meaning of the saying - Meet all deadlines. Even if you know all nuances of registration procedure, you still need time to do all steps. Sometimes, preparation of documents for registration necessitates professional knowledge. Accurate and coordinated actions of our experts dealing with the registration of constructions in Odessa and Odessa Region will save a huge amount of your time.

To legalize an unauthorized construction is no problem for Nove BTI company. We provide services in registration of buildings and facilities that have been built without permits, which include registration of houses, extensions, etc.

We provide the following services:

  • consultation of our expert;
  • acting on your behalf in the state executive bodies and local self-government authorities; 
  • assistance in registration.

Periods:

From 1 to 2 months.

Fees:

The price depends on the performed work.

Result:

  • Certificate of title
  • Extract from the Real Estate Title Register
  • Technical specifications for a real estate facility.

You can order this service or put a question by calling: (048) 777-11-11

Terms and cost

Depend on the existing documentation and the current state of affairs.

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Legalization of Unauthorized Construction

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