Building amnesty for private and villa houses in Ukraine

In 2018, the Verkhovna Rada (the Supreme Council) of Ukraine, together with the Ministry of Regional Development and Housing and Utility Services of Ukraine, launched the procedure of performance of the “construction amnesty” – putting in commission (legalization) of the unauthorized construction: private and summer houses, and also agricultural facilities built without permission.

Now it is possible to legalize unauthorized construction for:

• private dwelling houses, summer houses and homestead adjoining facilities with the area not exceeding 300 square meters which were built from August 5, 1992 to April 9, 2015;
• agricultural purpose facilities built before March 12, 2011.

What was the launching of construction amnesty needed for?

The launching of “construction amnesty” is stipulated by the fact that every third private house or summer house in Ukraine built before 2015 was not put in commission or was built illegally (without permission for construction works).

Before adopting the procedure of “construction amnesty”, it was possible to legalize a real estate item through court action without permission for construction. But the judges in very rare cases took decisions in applicant’s favor.

It is worth noting that the “construction amnesty” is not limited in time, therefore it is possible to put facilities in commission any time.

Why is it necessary to put such facilities in commission:

• you may be fined by local authorities or by the State Architectural and Construction Supervision Authority for illegal constructing;
• it is impossible to sell, give as a gift, hand down a legacy or use them (facilities) as pawn;
• it is impossible to connect any supply pipelines to the facility;
• by decision of the State Architectural and Construction Supervision Authority, an illegally built facility may be demolished at owner’s (land owner’s) expense, out of court;
• in case such a facility is seized by the third party, it is much more difficult to defend your rights of property.

Procedure of putting a facility in commission based on construction amnesty

The main condition for putting a facility in commission is that it should comply with designation purpose of the land plot and comply with construction norms, and also technical examination should be performed.

Technical examination should be conducted by an expert (an engineer) of technical inventorying who has a corresponding certificate for conducting such an examination.

Based on results of examination, the expert of technical inventorying makes a Report of conducting a technical examination (for agricultural facilities) or makes a Note about conducting a technical examination in the Technical certificate of facility (for private houses and summer houses).

After conducting the examination, the following documents can be submitted to the State Architectural and Construction Supervision Authority through the Centers of administrative service providing (at the location of the facility):

• an application about putting the facility in commission;
• two copies of the filled in declaration about facility’s readiness for use;
• an original copy of the report of conducting a technical examination (for agricultural facilities);
• a notarized copy of technical certificate with a note about conducting a technical examination (for private houses and summer houses);
• a notarized copy of document certifying the right of property of the right of use of the land plot with the corresponding designated use on which (land plot) the facility is located;
• a copy of passport and TIN of the owner (of the co-owners) of the land plot/of the facility;
• a notarized copy of power of attorney from the owner (from the co-owners) of the land plot/of the facility for representation of interests at the State Architectural and Construction Supervision Authority (when submitting the documents through a representative);

After submitting the required documents to the State Architectural and Construction Supervision Authority, the period of registration of the Declaration of putting in commission is 10 work days.

Placing the information in the register of document on the website of the State Architectural and Construction Supervision Authority under a unique (which is conferred at documents submitting) is the confirmation of registration of the Declaration.

After registration of the Declaration of putting the facility in commission at the State Architectural and Construction Supervision Authority, you should apply to the Center of administrative service providing or to a notary for carrying out the registration of the right of property for the facility. You will need the following package of documents for that:

• an application about registration of the right of property for the facility;
• a copy of declaration about facility’s readiness for use with a note of the State Architectural and Construction Supervision Authority;
• a copy and an original copy of the report about conducting a technical examination (for agricultural facilities);
• a copy and an original copy of the technical certificate with a note about conducting a technical examination (for private houses and summer houses);
• a copy and an original copy of a document certifying the right property or the right of use of the land plot with a corresponding designated use, on which (the land plot) the facility is located;
• a copy of passport and TIN of the owner (co-owners) of the land plot;
• confirmation of payment of administrative fee;
• a notarized copy of the power of attorney from the owner (from the co-owners) of the land plot/of the facility for representation of interest at the State Architectural and Construction Supervision Authority (when submitting the documents through a representative).

Registration period of the right of property for a facility is not more than 5 work days from the day the documents are submitted.

Based on results of registration, the owner gets an Extract from the State register of the rights for real estate and their encumbrances, which is the final of putting in commission and registration of the right of property of the facility for its owner (co-owners).

Putting the facilities in commission based on “construction amnesty” is a complicated and serious procedure with many nuances, because every facility has individual particularities. Therefore it is better to entrust such a matter to specialists who face similar actions every day.

In case you are interested in construction amnesty for facilities, for all questions please phone: 0 800 330 967