Consultation on legalization of reconstruction: what is important to know?

Legalization of reconstruction is the process of preparing documents for an already completed reconstruction or alteration of a real estate object. It involves a technical inventory, obtaining permits, and making changes to registers.

During the war, the issue of housing reconstruction, especially old houses that do not meet the minimum requirements for comfortable living and building codes, became particularly acute due to the need to resettle internally displaced persons. However, not all property owners take care to obtain a permit for reconstruction in accordance with the requirements of the law. And when the work is completed, it turns out that it is impossible to sell, rent out or transfer the reconstructed housing to another owner. And in the worst case, the owner also has to bear administrative or criminal liability, because unauthorized reconstruction of the apartment creates risks for all residents of the building. The law firm “DE-JURE” provides assistance in legalizing unauthorized reconstruction upon completion of the reconstruction or obtaining permits before it begins.

What is considered reconstruction?

According to current legislation and state building codes, reconstruction of an apartment or non-residential premises should be considered their reconstruction in order to improve living conditions, operation, as well as change the total and living area, etc. due to a change in geometric dimensions, functional purpose, replacement of individual structures and their elements. The most common types of reconstruction of real estate are:

• adding additional premises to an existing real estate object (its external walls);
• adding additional premises above the real estate object;
• attaching part of the attic or basement to the real estate object;
• dismantling of load-bearing structures inside the real estate object;
• changing the functional purpose of the real estate object: converting an apartment into a non-residential premises, or a non-residential premises into an apartment;
• installing a previously unplanned entrance/exit from the real estate object, creating a new entrance/exit, which involves intervention in supporting and/or enclosing structures.

A lawyer from DE-JURE will help you obtain a permit for the reconstruction of the building. If the reconstruction has already been carried out, you should contact reconstruction lawyers as soon as possible. They will help you collect the necessary package of documents and coordinate it with the relevant authorities.

What laws regulate the legalization of reconstruction?

There is no single law on the reconstruction of buildings in Ukraine, which lists all the steps necessary for construction work. The main laws and subordinate regulatory legal acts regulating the issue of reconstruction include:

• The Law of Ukraine “On Regulation of Urban Planning Activities”;
• Resolution of the Cabinet of Ministers of Ukraine dated April 13, 2011 No. 466 “Some Issues of Performing Preparatory and Construction Works”;
• Resolution of the Cabinet of Ministers of Ukraine dated March 13, 2011 No. 461 “Issues of Acceptance into Operation of Completed Construction Facilities”;
• Resolution of the Cabinet of Ministers of Ukraine dated June 7, 2017 No. 406 “On Approval of the List of Construction Works That Do Not Require Documents Giving the Right to Perform Them, and After the Completion of Which the Facility is Not Subject to Acceptance into Operation”;
• State Building Standards.

The above list is not exhaustive, but it allows you to fully understand the procedure for obtaining permits and the requirements for the person initiating the reconstruction.

In what cases is reconstruction approval required?

Before starting reconstruction work, it is almost always necessary to obtain permits (permits) for the reconstruction of a capital construction object and other approvals that depend on the type of reconstruction. A lawyer will help you understand this issue. A reconstruction permit is not required only in certain cases listed in the Resolution of the Cabinet of Ministers of June 7, 2017 No. 406. For example, replacing roofs, windows or doors without interfering with supporting and enclosing structures does not require a permit.

When is it necessary to legalize reconstruction?

Ideally, before starting the reconstruction of a house, the owner should contact a lawyer to obtain all the necessary approvals and permits. If the reconstruction is carried out arbitrarily without obtaining permits, the owner of the reconstructed real estate will not be able to register ownership rights to the object obtained as a result of such reconstruction. In connection with which the concept of “legalization of reconstruction” has arisen in everyday life. In practice, this means that one should go through the same procedure that the owner of the reconstructed object had to go through before carrying out the reconstruction, but after its completion. However, it should be borne in mind that in the process of obtaining permits, the owner risks being fined for carrying out construction work without a permit.

What documents are required to legalize the reconstruction?

In addition to permits from the architectural and construction control authorities, depending on the reconstruction option (what kind of work is planned, the type of premises – apartment, house, non-residential building), urban planning conditions and restrictions from the architecture and landscaping authorities of the settlement or a construction passport may also be required. In particular, such a need arises when it comes to reconstruction, which involves intervention in the external and enclosing structures of the building (superstructures above the building, extensions to the building, creation of new entrances to the real estate object from the facade of the building and similar changes).

If, as a result of the reconstruction, it is planned to use a land plot next to the reconstructed object (for example, the construction of an extension to an apartment located on the first floor), it is necessary to obtain a land plot for use or ownership.

Since the supporting and enclosing structures of apartment buildings are the common property of all residents, in order to interfere with these structures, you will have to obtain consent from the co-owners of the building or their authorized persons.

If you plan to carry out reconstruction in a building that is a historical monument, you must obtain approval from the authorized body for the protection of cultural heritage. Depending on the circumstances of the reconstruction, other permits and approvals may be required.

How to apply for legalization of reconstruction?

There is no separate application for legalization or legalization of already completed reconstruction. The property owner goes through the same procedure as other owners who receive permits before starting work.

Steps to legalize reconstruction through the authorities

The process of legalizing reconstruction is not much simpler than the construction work itself, so we recommend contacting a lawyer who will prepare all the documents and save the client’s time and peace of mind. Let’s consider what steps the owner must take in order for the reconstruction to take place in accordance with the norms of current legislation:

1. Obtain urban planning conditions and restrictions or a construction passport (the need for them does not always arise, but depends on the reconstruction option).
2. Conclude an agreement with the designer.
3. The designer prepares a reconstruction project.
4. Conclude agreements for the implementation of author’s and technical supervision, as well as with the contractor, if the construction work will be carried out not by their own, but by hired forces.
5. Obtain an expert opinion based on the results of the examination of the reconstruction project (in cases provided for by law).
6. Register a notification of the start of construction work or an application for a permit to perform construction work (depending on the class of consequences of buildings and structures).
7. Obtain approval from local governments or other authorized entities, if required by law and the conditions of reconstruction.
8. After completion of construction work, order a technical passport for the reconstructed facility.
9. Register a declaration of readiness of the facility for operation or submit an act of readiness of the facility for operation and obtain a certificate of acceptance into operation of the completed facility (depending on the class of consequences of buildings and structures).
10. Register ownership of the reconstructed facility.

After successful registration, the reconstruction is considered legal, and the owner can dispose of the completed house, reconstructed apartment or non-residential real estate facility at his discretion.

How to avoid refusal when submitting documents for legalization?

To avoid refusal, documents should be drawn up in the manner prescribed by regulatory legal acts. If all documents are drawn up in accordance with current legislation, the refusal of the authorized body to provide permits will be illegal. In this case, to protect your rights, you should go to court. In the company “DE-JURE” there is always the opportunity to involve a lawyer in the case who can represent the client’s interests in court.

The role of expertise in the process of legalizing reconstruction

A project expertise is almost always carried out, except for the cases specified in Part 3 of Article 31 of the Law of Ukraine “On Regulation of Urban Planning Activities”. If the law requires an expertise, its absence deprives the possibility of obtaining approval for construction work, including for the legalization of already completed reconstruction.

Timeframes for legalizing already completed reconstruction

The timescales for preparing all necessary documents and obtaining approvals vary greatly depending on many factors. However, the specified period cannot be less than 15 working days, as this is the period during which urban planning authorities must consider the submitted documents at the beginning and after the completion of the reconstruction.

What role does a lawyer play in the process of legalizing reconstruction?

A lawyer helps with the fastest possible completion of the procedures stipulated by law in the reconstruction process and ensures the protection of the rights and legitimate interests of the owner of the property from violations by third parties. He also ensures compliance with the requirements of the law to avoid liability, including fines from state architectural and construction control bodies, and other regulatory and law enforcement bodies.

Popular Questions

How to prove ownership of a reconstructed object?

If the reconstruction was carried out without following the permitting procedure specified by law, then the ownership of the finished object cannot be registered. The ownership of the real estate object in the form and with the characteristics that it had before the reconstruction is confirmed by title documents. In the event of a dispute regarding the ownership of the reconstructed object to a certain person, one of the following options should be implemented: either go through the permitting and approval procedure provided for by law for the implementation of construction work, or return the real estate object to its original condition, which was before the reconstruction.

How to obtain the right to reconstruct a residential building into a non-residential building?

The conversion of a residential building into a non-residential building is carried out by decision of the local council. It is also necessary to obtain a conclusion from a licensed design organization on the condition of existing building structures, engineering networks and the possibility of their further operation with a change in intended use, with justification for the possibility of placing a non-production facility. Other documents that may be required for such reconstruction are listed in the previous sections.

How to avoid demolition of a building in case of reconstruction without permission?

Illegal reconstruction may result in a decision of the architectural and construction control body and/or a court decision on the obligation of the owner to bring the property to its original condition. Demolition is more common for unauthorized new construction and does not apply as a result of reconstruction.