Legal support of construction in Kyiv

Processing a Construction Passport in Kyiv

The issuance of a construction passport is based on urban planning documentation. In our legislation, there is a gap regarding the regulation of issuing a construction passport when there is a discrepancy between the intended use of the land plot and the urban planning documentation. The legislation prioritizes construction within the designated purpose of the land plot, as outlined in the State Land Cadastre.

Judicial practice also varies, so we recommend paying close attention to the urban planning documentation, as disputes may require legal intervention.

However, in many cases, obtaining a construction passport is often denied due to non-compliance with the intended construction plans as specified in the local urban planning documentation.

Building two houses on one land plot is only possible after dividing the plot.

Constructing one house on two adjacent land plots is only possible after merging such plots or obtaining two construction passports for the respective housing.

The construction passport must be registered in the customer's electronic account and should have a registration number.

When is a construction passport not required?

When two conditions are met:

• The construction is for residential purposes on land plots designated for housing (cottage or garden plots).
• The construction involves an individual (country house) residential, garden, or cottage house, not exceeding two floors (excluding an attic floor) with an area of up to 500 square meters.

During the period of martial law and one year from its termination or cancellation, the construction of individual residential, garden, or cottage houses may be carried out without a construction passport based on a development intent scheme.

Such a scheme is developed by an architect or design engineer and uploaded into the electronic construction system. The challenge with implementing this regulation lies in the fact that it is impossible to register the development intent scheme for a land plot in Kyiv, Lviv, and other historical settlements where the boundaries of historical areas have not been approved (the system blocks it).

Obtaining urban planning conditions and restrictions for construction in Kyiv and the region

If your construction does not fall under the scope of projects based on a construction passport, you will need to develop a project based on urban planning conditions and restrictions.

Urban planning conditions contain information about:

• Planning and architectural requirements for design and construction.
• Building height and density.
• Setbacks of buildings and structures from "red lines" or the boundaries of the land plot.
• Landscaping and greening of the plot.

There is also a list of construction projects that do not require obtaining urban planning conditions for their implementation:

• Reconstruction of residential and non-residential premises without altering the external configuration and functional purpose.
• Restoration and major repair of buildings and structures.
• Retrofitting of residential and public facilities to ensure unimpeded access for people with disabilities and other mobility-impaired groups.

Urban planning conditions are provided based on local urban planning documentation. 

The main reason for refusal in issuing urban planning conditions is the absence of a detailed territorial plan.

Our task is to ensure complete and accurate documentation for your project at all stages – before, during, and after construction. Additionally, we can assist you in obtaining urban planning conditions and restrictions for the development of a land plot within Kyiv and the Kyiv region.

Legal support during the stage of putting a construction project into operation in Kyiv and the region 

Completed construction projects can be put into operation through various methods, including:

• Utilizing the construction amnesty for objects constructed between September 5, 1992, and October 9, 2015.
• Registering ownership rights for objects built before 1992, allowing them to be put into operation without further steps.
• Obtaining court approval for specific cases.

Note: The above points pertain to unauthorized construction projects

• Objects built based on construction passports and permits.
• CC1, CC2, and CC3 objects obtained from relevant authorization documents.

The acceptance of objects into operation includes the following procedures:

• Acquiring urban planning conditions and restrictions or a construction passport.
• Developing and undergoing expertise for the project where required by legislation.
• Obtaining approval for project documentation as needed by the law.
• Securing the right to conduct preparatory and construction works.
• Carrying out the preparatory and construction activities.
• Registering in the registry of special property rights or encumbrances of the warranty share.
• Conducting a control geodetic survey if mandated by legislation.
• Implementing technical inventory.

Acceptance of objects (CC1) and objects being constructed based on the construction passport is carried out by submitting and registering a declaration of readiness for operation.

For CC2 and CC3 objects, acceptance into operation is achieved through the submission of a certificate of readiness for operation and the issuance of a certificate confirming the acceptance of the object for operation.

Interesting fact: When constructing based on the construction passport, individual buildings or structures can be put into operation separately, provided that these objects are documented in the construction passport.

During the period of military status and within three months from the date of its termination or cancellation, the deadlines for certain types of facade finishing and landscaping works (excluding transportation routes and pedestrian communications) are allowed to be extended. Therefore, the preparation of the Act of readiness for operation can proceed without the completion of these specific works.

Legal consultation for real estate developers on investment

Investment is a crucial aspect for any developer. It involves not only attracting funds but, most importantly, ensuring proper legal formalities, protecting both the developer and the investor, and developing the necessary documentation and mechanisms for investment returns. Our experts provide the following services:

• Consultation and preliminary development of investment mechanisms.
• Legal support for attracting investor funds.
• Contractual and legal regulation of interactions between the client, developer, and investors.

Modifying the functional use of spaces and transforming non-residential areas into residential ones

Modifying the functional use of premises is accomplished through processes such as reconstruction, reconfiguration, and other interventions within residential premises (such as residential homes).

Local regulations specify the conditions under which the client can obtain authorization to convert a residential space into non-residential property.

The client is required to submit the following to the executive committee of the relevant council:

• Legal documents verifying property ownership;
• Passport and Tax Identification Number (TIN);
• Consent from the property balance holder (if the space is within a multi-apartment building);
• Consent from the owners of adjoining premises;
• Technical assessment affirming the feasibility of altering the functional designation through reconstruction, reconfiguration, etc.

The key conditions for converting residential spaces into non-residential ones include:

• The exclusive right for such a conversion rests with the owner of the premises;

Residential units should be situated in basement areas (ground floors), on the first and second floors of the building, positioned above non-residential spaces. An exception allows for the placement of workshops and studios for creative unions on the third floor.

• The presence of a ramp installation is mandatory;
• There must be technical feasibility for establishing a separate entrance and emergency exit;
• The residential building should be free from mortgages or liens and should not be designated as a historical architectural monument.

Upon submission of all required documents and compliance with the specified conditions, permission to convert residential spaces into non-residential ones can be obtained. 

However, after scrutinizing the client's documents, the list of necessary paperwork may be subject to adjustments. Timelines vary individually, contingent on local self-governing bodies and the authorization process. Typically, the executive committee reviews the document package within an average of 5 days, and if no grounds for refusal are found, a permit is issued.

The primary reasons for rejection are as follows:

• Submission of an incomplete set of documents;
• Identification of inaccurate information in the provided documents;
• Failure to adhere to specific requirements outlined in local legislation;
• Transformation of a country/cottage house into a residential property with a change in the designated purpose of the land plot.

Division/Allocation of a House Among Co-Owners

The process of allocating shares in joint ownership into distinct units is essential for the future unrestricted management of one's property without the obligatory coordination of such actions with other co-owners.

Several conditions must be satisfied for the division of a house among co-owners:

• Absence of unauthorized construction;
• Registration of property rights in the official registry;
• In cases where ownership of the land plot is established, an initial assessment is made regarding the feasibility of dividing the plot. Subsequently, the division of the plot is executed, assigning unique cadastral numbers and registering property rights;
• The allocated units must function independently, featuring a separate entrance and exit to the street;
• Unanimous consent from all co-owners is required.

Agreements related to the division of the house and land plot shall be validated through notarization. Following this process, distinct addresses are assigned to the newly created entities. In instances where disputes arise among co-owners regarding the division and a mutual agreement is lacking, such division may be enforced through a court decision.

Resolving conflicts during construction in Kyiv and the region

In the process of resolving conflicts, such as encountering refusals in obtaining urban planning conditions and restrictions, permits, technical requirements, we may involve the expertise of an attorney and a judicial expert to obtain professional advice. Typically, this involves conducting expert examinations or research, and armed with these findings and responses, we proceed to engage with government authorities, architectural bodies, registrars, and other relevant parties. If a resolution seems unattainable, we may seek the assistance of an attorney.

Assessing the financial potential of land for construction

One of the most crucial factors for the successful implementation of any construction project is the careful analysis of land rights, its designated purpose, which determines its suitability for development and the functional use of the area. When necessary and feasible, we can modify the land's designated purpose or make adjustments to the urban planning documentation.

Registration of construction for a private house in Kyiv and the region

The first step in this situation should involve examining the building restrictions according to urban planning documents and construction regulations. Afterward, the most suitable approach for carrying out the construction can be determined.

The registration of construction for a private house can be achieved by obtaining a building permit or through a simplified procedure based on preliminary intentions for developing the land plot, without requiring a building permit.

Consequences of unauthorized construction in Ukraine

An individual who engages in unauthorized construction does not acquire ownership rights to the property. In some cases, it might be possible to put the unauthorized construction into operation and register ownership rights, but not all such constructions comply with legal and construction norms, making it almost impossible to legalize them.

During the implementation of a construction project, we highly recommend approaching the process of obtaining permits thoughtfully and responsibly. Before seeking approval, it is essential to create a detailed plan for project implementation and consider the potential risks associated with possible refusals from various government authorities when obtaining the necessary documentation.

For instance, a neighbor built a 3-story multi-apartment building (2+ attic) on a land plot designated for the construction and maintenance of a residential house and registered ownership rights to the apartments, and this was accepted in the past. However, with the introduction of new regulations regarding the registration of property rights to construction, such an approach will no longer be successful.

It is crucial to approach your project and personal investments within the framework of current laws and regulations.

Legalizing reconstruction or renovation in Kyiv

The process of legalizing the usage of reconstructed or renovated structures depends on whether the necessary permits for such actions were obtained or if it involves unauthorized alterations.

In the first case, legalization can be achieved based on previously obtained permits.

In the second case, there are three possible approaches:

• Through the procedure of construction amnesty.
• By obtaining permits and going through all the required procedures.
• Through a legal process, where ownership rights to the unauthorized structure are recognized, followed by its legalization for usage.

Reconstruction, restoration, or major repairs of construction objects without altering their external geometric dimensions or foundations can be carried out without a document certifying ownership rights or land usage rights and without specifying the cadastral number of the land plot (in case it is not available).

Additionally, it is possible to obtain permission for construction work without the cadastral number for land plots for which ownership or usage rights were established before 2004.

Categories of construction complexity (Class of Consequences/Responsibility for Construction)

For every construction project, whether it is a building, structure, or elements of engineering and transportation infrastructure, it is crucial to determine the class of consequences that will be applicable. This applies to the overall construction as well as individual components, including linear elements and composite buildings. There are three classes of consequences:

• Minor Consequences (CC1) class.
• Moderate Consequences (CC2) class.
• Significant Consequences (CC3) class.

The class of consequences is assigned during the development of the project documentation. 

It affects various aspects of the project:

• The procedure for obtaining necessary permits, their scope, and list.
• The process of executing construction works.
• Supervision during construction.
• The procedure for commissioning the completed structure.

During the consultation phase, we thoroughly discuss and determine the class of consequences for the client's projects. Subsequently, we devise a support strategy based on these consequences.

If you require professional assistance at the inception of your construction project in Ukraine, do not hesitate to contact us!