Do-it-yourself construction, or as the people simply call it self-build, is a rather interesting topic. Yes, it is found in almost every settlement. But only in some of them are isolated cases, and in others – mass character. Often, people build this or that building, structure or even a full-fledged residential building without any documents, that is, arbitrarily and independently. It can be noted that this includes garages that are built on their own land, near a legally built house, and additions to multi-apartment buildings (in particular, an increase in the area of apartments located on the first floors at the expense of the attached territory). Obtaining building permits is critical, yet people neglect them.
The legislator clearly defines spontaneous construction, it can be found in Art. 376 of the Civil Code of Ukraine.
WHAT IS NEGATIVE ABOUT SELF-DEVELOPMENT?
- Such a building was erected without permits.
- It is impossible to fully use it.
- It cannot be sold, rented, gifted or bequeathed.
- It is not possible to legally connect all engineering communications.
- There is also no possibility to register someone in it, or to issue a subsidy.
- The fines are relatively large.
- There is always a possibility that such spontaneous construction will be demolished by a court decision.
WHAT OBJECTS CAN BE CLASSIFIED AS SELF-CONSTRUCTED OBJECTS
- built on a plot of land with an inappropriate purpose (for example, a residential building is located on agricultural land);
- without any permit, project documentation (not only originally built, but also reconstructed);
- in violation of state construction norms and rules;
HOW TO LEGALIZE SPONTANEOUS CONSTRUCTION?
There are two ways – in court or through state authorities. Let’s take a closer look at each of them.
Legalization of self-government in court
It is necessary to file an appropriate claim with the court, but here it is worth noting that in view of judicial practice, decisions in such cases are not always positive.
It is necessary to take into account several aspects and add to the claim the conclusion of the competent authorities about the possibility of reliable and safe operation of the facility.
These can be certificates or conclusions from the relevant body of urban planning and architecture, from state supervision (control) services regarding the object’s compliance with the requirements of sanitary, fire prevention and environmental standards, etc. It is important that these documents must confirm the fact of compliance of unauthorized construction with building, fire and sanitary regulations.
The legal fact of receiving a positive court decision, in turn, serves as a guarantee of the legality of the actual composition available on the side of the plaintiff, as well as a necessary element for the end of the legal composition, since without a positive court decision on the side of the applicant, ownership does not yet arise.
Legalization of a custom-made extension through state authorities
It is necessary to apply to the relevant local self-government body through Tsnap and submit a package of documents. The same service is available for self-builders belonging to SS1 and on the DIYA portal. Documents that are required:
- a completed declaration of readiness for operation of self-built objects on the land plot of the corresponding purpose;
- copy and original of the passport and identification code of the person (customer);
- a report on technical inspection (or a note in the technical passport);
- certified copies of the technical passport and a document certifying the right of ownership or use of the land plot of the corresponding purpose on which the object is located, certified in the established manner.
The best building plan is legality. In this way, you will be able to avoid many problems in the future and calmly register ownership of the fruit of your hard and long work.