Legal support of construction in Kyiv
Cost of services
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What we offer
Consultation on construction projects by experts from various legal fields
Analysis of compliance between the intended use of the land plot and urban planning documentation for construction purposes
Obtaining necessary permits for construction or reconstruction, including:
- Acquiring urban planning conditions and restrictions / construction passports
- Obtaining technical requirements for utility connections (electricity, gas, water supply)
- Obtaining urban planning conditions and restrictions for land development / construction passports
- Submitting notifications/declarations for construction activities (CC1, CC2, CC3)
Registration in the registry of special property rights and encumbrances for warranty shares
Commissioning of completed projects:
- Providing declarations / obtaining certificates of facility commissioning
- Legalization of unauthorized constructions
- Legalization of reconstructions
Changing the functional purpose of premises/buildings/structures.
Division and allocation:
- Converting vacation/country houses into residential units + changing the purpose of the land plot
- Converting residential houses into non-residential buildings
- Division/allocation of property among co-owners
Registration of property rights for real estate objects.
What does the legal support for construction in our company entail?
- Consultation Services. We engage in general discussions with the client, identify the essence of the issues, and provide recommendations for future actions without analyzing specific documents. You will receive answers to all your legal queries, covering topics such as taxes, permits, business structure, and more.
- Document assistance. We offer help with preparing technical documentation, developing contract templates, and supporting the process of contracting with subcontractors. We take care of the paperwork, while the success of your business remains in your hands.
- Obtaining regulatory permits. We assist in obtaining all necessary permits required to commence construction based on your project.
- Comprehensive support throughout all stages of project implementation. This includes auditing the project, submitting documents for permits and licenses, making changes to regulatory documentation, registering special property rights, conducting technical inventory, facilitating project commissioning, and registering property rights.
We are prepared to be your legal partner and advisor, so you won't have to look elsewhere - you can access all the information and assistance you need in one place.
The cost of legal support for construction in Ukraine
The legal support service fees depends primarily on the following factors:
- Type of construction project (residential, commercial real estate).
- Class of consequences.
- Analysis results regarding the possibility of obtaining permits for the specific type of construction.
- Stage and complexity of project implementation.
Additional expenses may include:
- Land management projects.
- Technical inventory.
- Involvement of accompanying specialists (certified engineers, designers, notaries for document certification and agreements, conducting legal expertise and research in the construction field).
- Obtaining permits for work involving increased danger and permits for the use of machinery, mechanisms, or equipment with increased danger.
- Obtaining permits for subsurface use.
For each client, we create a customized and valuable service package with a payment system that suits their needs. The cost of the package is determined based on the client's requirements. Below, you can find more information about the basic packages.
Service packages offers
- Consultation on the possibility of carrying out construction with a construction passport, the nuances of the process and subsequent actions on the part of the customer
- Making a copy for the development of a scheme of building intentions (if necessary) with the involvement of a specialist
- Development and approval of the scheme of land development intentions (with the involvement of an architect)
- Adjustment of the scheme of building intentions in case of comments
- Submission of documents to obtain a construction passport (using the customer's keys or through TsNAP)
- Submitting a notification about the start of construction works (using the customer's keys or via TsNAP)
- Production of a technical passport (with the involvement of BTI)
- Submission of a declaration on the readiness of the object for operation (with the help of the customer's keys or through TsNAP)
- Registration of ownership of the built object by the construction customer
Stage 1 - Determination of the legalization procedure for the Client:
- Consultation on the possibility of legalization of independent construction, nuances of the process and subsequent actions on the part of the customer
- Analysis of customer documents
- Selection of the commissioning method and approval of the road map
- a complete procedure similar to construction
- on amnesty
- only registration of ownership
- through a court decision
- Carrying out procedural and registration actions according to the road map
- Registration of the right of ownership of the object of self-construction by the customer
- Consultation on the possibility of putting construction objects into operation, nuances of the process and subsequent actions on the part of the customer
- Analysis of customer documents
- Drawing up a road map and obtaining the conclusions of auxiliary specialists
- Drafting of legal documents (letters, statements, complaints)
- Obtaining the necessary documents for commissioning
- Technical examination (with the involvement of your specialist)
- Obtaining of a declaration on the readiness of the object for operation / Obtaining a Certificate of acceptance of the object into operation (СС2, СС3)
- Submission of a package of documents to obtain an address
- Registration of property rights in the Register of Property Rights
Stage 1 - Determination of the legalization procedure for the Client:
- Consultation on the possibility of starting the customer's project/plan, nuances of the process and subsequent actions on the part of the customer (consultation is carried out with the involvement of the designer, financier and architect of the customer)
- Conducting an analysis of the compliance of the purpose of the land plot and the functional purpose of the territory (with the involvement of an architect, designer)
- Drawing up a work plan for obtaining permit documentation
- Obtaining urban planning conditions and restrictions
- Obtaining technical conditions for connecting to networks
- Approval of the contract for design, copyright, technical supervision, contract, subcontract
- Submitting a notice on the start of construction work/ obtaining a permit for construction work
- Registration of a special property right
- Amendments to permit documents during constructionTechnical examination (with the involvement of a specialist)
- Submission of a declaration on the readiness of the object for operation / documents and obtaining a Certificate of acceptance of the object into operation
- Registration of ownership
- Analysis of the current state of the project, complications that arose during its implementation. If necessary, with the involvement of auxiliary specialists
- Formation of the road map of project implementation
Stage "0": Analysis of Compliance with the Intended Use of the Land Plot and Urban Planning Documentation
- Analysis of the land plot allocation;
- Verification of its intended use;
- Examination of urban planning documentation to ensure alignment with the proposed development;
- Verification of the land title, which grants the right to development (ownership, lease, perpetual use, superficies).
At this stage, the further actions for implementing the client's intentions become evident. It provides an opportunity to explore alternative land uses that align with the client's intentions while complying with urban planning regulations or making changes to the urban planning documentation/altering the land plot's designated use.
Since amendments were made to the land code in 2021, it is no longer possible to independently change the land use category without corresponding modifications to the urban planning documentation. Changing the land use within the same category requires going through the entire change procedure.
Altering the land use within the same category involves changing the designated use, necessitating the completion of the entire change process.
The functional purpose of the territory plays a crucial role in determining allowable construction on the land plot. Otherwise, the construction may be considered unauthorized, leading to significant consequences.
Our project analysis and construction plan offer a secure way to proceed, providing a comprehensive understanding of all possibilities and risks.
Legal Support for Construction at the Design and Permitting Stage
The necessary documentation for construction varies depending on the construction stage or classification of consequences. It includes:
- Obtaining the urban planning conditions and restrictions or Construction Passport;
- Acquiring technical conditions;
- Submitting notifications for preparatory works (if required);
- Presenting notifications/declarations for commencing construction activities;
- Submitting a declaration or obtaining a certificate of facility commissioning.
Interesting Fact: Prior to the amendments to the Urban Planning Regulation Act, the construction customer was considered to be the person who owned or held the rights to the land plot and submitted an application (petition) for its development following the established legislative procedure. Now, the customer can be either a natural or legal entity:
- Owning or holding rights to one or multiple land plots,
- Owning a building/structure and intending to carry out construction works.
In multi-apartment buildings, the customer can be the Housing Cooperative, the management company, or the Housing and Construction Cooperative.
We are ready to help you!Contact us by mail [email protected] or by filling out the form:
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.
Answers to frequently asked questions
Undoubtedly, the recommended approach is to go through the process of analyzing construction intentions and obtaining the necessary permits. Numerous unauthorized structures exist that violate requirements and regulations, leading to difficulties in legalizing them for use and establishing ownership rights.
Yes, it is required because when creating a separate entrance by making an opening in the exterior wall, it involves altering the external configuration of the room.
Yes, it is possible to put the individual buildings and structures, which are part of the construction project and ready for use, into operation separately. However, the ownership rights in the registry can only be registered after the main building itself is put into operation.
Yes, it is permissible
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!