Legitimize samostroy

Our company is ready to provide comprehensive services for the registration of ownership of the house (to legalize samostroy).

Samostroy - unauthorized construction on the current number of no surprise - our countrymen are building without permits, building on land not allocated for development, without a draft and duly executed technical documentation, in violation of building codes and regulations. This much we do mind - first construct, and after reflect, how to make the unauthorized construction. Still, should remember that the person who carries out the (ongoing) samostroy (unauthorized construction), real estate, does not acquire ownership rights to it. Obligation for samostroy (unauthorized construction) appears as if building squatted area, and the use of citizen-owned land, while at the same construction or reconstruction of buildings, building lead to them without the permission or without properly approved the project without uzakonki.

In all these cases it is necessary to legitimize samostroy!

Ownership of land is guaranteed by the Constitution of Ukraine. Land is regarded as property of the people, the national property of the state. Earth as an object relations, is used with regard to its use for various needs in the life of the people. One of those needs - construction. In accordance with Part 4 of Art. 373 Civil Code of Ukraine landholder has the right to apply its discretion according to his purpose. Pending legal regulated by the same TSP Ukraine, the Law on the Fundamentals of Urban Development.

Legislator in the art. 79 LC Ukraine to determine the position of land as part of the earth's surface defined by boundaries, determining the location, with marked in respect of its rights.

Landholder has the right to build on its buildings and facilities, to organize closed water bodies, to implement the restructuring, and in addition allow the construction on their site to others. Actual construction of the plot is carried out from time to establish its boundaries in nature (on district), obtain a document certifying the right of him, his state registration and receipt in the prescribed manner to permit the commission of construction (building permits).

The algorithms are envisaged Art. 22 of the Law on the Fundamentals of Urban Development. Mode and the position of granting permission to perform construction work on new construction, expansion, reconstruction, technical upgrading, restoration and repair of facilities established by Order N 273. Regulations on the procedure for granting a building permit, approved by this Order, drafted in accordance with the Law on Planning and Development and is required for use by all stakeholders samosilno construction of forms of ownership, departmental affiliation and funding sources. Accordingly, clause 1.1 of the Regulations permit for the unit construction works in new construction, reconstruction, restoration and repair of houses, buildings and other objects of the document certifying the right of the builder (customer) and the general contractor for execution of construction works in accordance with the approved project documentation, connection to utility networks and facilities, and leaves it to the services on a warrant for execution of earthworks.

Right to conduct inspections of construction works is issued state architectural-building control, which are parallel to the register of permits. Commission construction work without the above permission is prohibited.

Individual developers of residential houses, commercial and residential buildings construction permit (permission to perform construction work) shall be issued on an application developer, the document certifying the land ownership or right of use (including under lease) land, permission for construction of the facility Urban Development, issued by the relevant executive authority, project documentation, consistent with the local authorities for urban planning and architecture, and in addition the obligation performer of the works, if the construction is carried out contracted.

Prolongation of the permit for the construction carried out on the basis of a letter builder (customer), which lists performed at the site of the town planning, responsible for the observed device construction engineers and technicians building the organization, employees engaged in technical and architectural survey.

If a building permit was not renewed by early completion of his term, the construction is considered willful. Ie respectively, should be given samostroy legitimize.

Execution of construction work at the facilities without obtaining a construction permit or a re-advance, and the implementation is not specified in the permit construction work is a voluntary and entails responsibility in accordance with applicable law.

The owner of land acquires title to that he built, buildings, structures and other immovable property.

Owner's right to the building by them, subject to architectural, construction, sanitary, environmental and other regulations, and subject to the use of land for its intended purpose. As already mentioned, performing construction work without a permit to carry them out is prohibited. Failure to comply with these requirements is considered unauthorized construction.

In the case of construction without violating the requirements of current legislation the land owner acquires the property right for the erection of buildings, structures and other immovable property. In accordance with Part 1, Art. 376 Civil Code of Ukraine dwelling house, building, structure, other real estate are considered unauthorized construction - not institutionalized, if they are built or being built on land not designated for that purpose, or without proper authorization or a duly approved project, or with significant violations of building codes and regulations.

Therefore, dear developers, to build was not considered a voluntary, should use the following requirements uzakanivaniya:

• land must be allotted for construction of dwelling houses (buildings, structures or other immovable property)
• building permit or project design must be properly documented
• at building does not allow serious violations of building codes and regulations. Legislator in the art. 125

ZK Ukraine found that right of ownership or permanent use on the land arises only after it is received by the owner or user of the document certifying the right of ownership or permanent use of land and its registration - uzakanino. The right to lease land there later of the lease contract and its registration. The important point is that, in accordance with applicable law, unauthorized construction are recognized as the already constructed objects of immovable property on the land and facilities that are in the process of construction, ie advocated the principle of legality in the construction industry. The person that performed or performing unauthorized construction, there is no ownership of the constructed real property.

Ownership of samostroy (illegally built) real estate may be on the court recognized the perpetrator of the unauthorized construction on land not allotted for this purpose, subject to the provision of land in the prescribed manner a person under the already constructed real property. This possibility may be absent in connection with the established legal regime, land category, out of which provided land for the constructed real property, or the inability to transfer built-up land from one category to another land, or a possible violation of the rights of others.

In accordance with Part 5, Art. 376 Civil Code of Ukraine the owner (user) of land has the right to request that the ownership of the illegally constructed real property has been recognized for it. In this case, the verdict of the transfer of ownership takes the court, provided that not violated the rights of others. In reaching this decision for the perpetrator of the unauthorized construction, remains entitled to compensation for the construction costs. Such costs shall reimburse the owner (user) of land beyond which recognized the right of ownership of the constructed real property.

For the person who performed the unauthorized construction, negative impacts occur in the form of duty built demolition of property on their own or demolition is not by the individual himself, but at its expense (Part 4 of Art. 376 Civil Code of Ukraine). Such situations in practice are not excessive rarity, and we have then, so for example, when the owner (user) land opposed recognition of property rights for the perpetrator of the unauthorized construction - not legalized. From demolition of residential houses materials remain the property of the person who unauthorized construction. In the case of significant deviations from the project, contrary to the public interest or violate the rights of others, a fundamental breach of building regulations the court at the suit of an appropriate state authority or local authority may determine the decision, which obliged the person who has effected (ongoing) construction, conduct proper adjustment. If such an adjustment is not possible or the person who carries out the (ongoing) construction, renounces her conduct, then such real property by a court decision is subject to demolition at the expense of the person who (ongoing) construction. Such a person is required to reimburse the costs associated with bringing the land to its former state.

Our company is ready to legalize samostroy, do the procedure of legalizing samostroya at all stages of construction on a turnkey basis.

LIST OF STANDARD-SETTING INSTRUMENTS

Civil Code of Ukraine - Ukraine's Civil Code

ZK Ukraine - Ukraine's Land Code

Law on principles of urban development - the Law of Ukraine from 16.11.1992, N 2780-XII «The Foundations of Urban Development"

The Law on Planning and Development - The Law of Ukraine from 20.04.2000, N 1699-III «About Planning and Development"

Order N 273 - State Committee for Construction, Architecture and Housing Policy of Ukraine from 05.12.2000, N 273 "On approval of the procedure for granting permission for construction works.