Development of legal opinions for the construction and reconstruction of real estate

A legal opinion is a written analysis of the risks, documents, and permitting procedures associated with construction.

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Ivan
Topor

Head of real estate and construction practice, lawyer, candidate of legal sciences

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to the lead lawyer

A legal opinion for construction is a kind of “technical inspection” of a project from a legal point of view, showing how safe it is to invest in it. The opinion is of a recommendatory nature, but is often a key argument for investors and banks.

You can order an opinion at the law firm “DE-JURE”. Legal support for construction is one of the important areas of our work, and in 2025 “DE-YURE” confirmed its status by entering the “Yurydichna Gazeta” rating of the TOP-50 leading law firms in Ukraine in the field of real estate and construction.

What is a legal opinion in the field of construction and reconstruction?

A legal opinion is a written analysis of risks, documents and permit procedures associated with the construction of a facility. In particular, a lawyer checks the legality of land ownership, urban planning conditions, the presence of encumbrances on real estate, as well as litigation. In this document, he lists potential dangers (for example, the possibility of a dispute over the use of a land plot) and assesses the prospects for avoiding them.

Why is a legal opinion needed before starting real estate construction?

A legal opinion allows you to immediately see weak points: for example, the site does not comply with the detailed plan of the territory, restrictions on red lines, outstanding mortgages, etc. Therefore, without this document, the developer risks facing a stoppage of work, fines or refusal to put the facility into operation.

An audit of the land plot and a prepared opinion help to adjust the project before the start of construction and thus save months and significant funds. In addition, a legal opinion strengthens the trust of investors and future property owners, which reduces the likelihood of lawsuits in the future. Ultimately, the developer can prepare for potential inspections by regulatory authorities, understanding the risks and seeing how to prevent them.

How does a consultation on the development of a legal opinion for the construction of real estate take place?

The legal audit of the object begins with the lawyer collecting introductory information about the location of the land plot, the planned purpose, construction permits, etc. This is followed by a direct consultation with a lawyer (online or offline), during which the deadlines and objectives of the project are specified. The lawyer tells what checks he will conduct and in what format he will prepare the opinion. After agreeing on the cost of the legal examination of real estate, the client and the lawyer sign contracts for the provision of services and confidentiality. During cooperation, the lawyer may, if necessary, ask to provide other documents, and also informs about intermediate results and offers options for minimizing risks.

What documents are required to prepare a legal opinion for the construction or reconstruction of real estate?

When preparing an opinion for legal support of the reconstruction or construction of real estate, it is advisable to prepare the most complete package of documents possible. The basic package for drawing up a legal opinion for a new project includes:

  • extract from the Register of Real Rights to Land;
  • cadastral plan;
  • urban planning calculation;
  • contract of sale or lease of a land plot.

In the case of reconstruction of a building, the following legal documents are required:

  • technical passport;
  • urban planning conditions and restrictions;
  • project documentation;
  • technical conditions for connecting to networks.

These documents confirm the legality of the construction and the compliance of the project with building regulations. The more documents the client provides to the lawyer, the more accurate the legal opinion will be.

What results can be expected after developing legal opinions for construction?

As a result of a legal audit of the object, the client receives a structured report with a table of risks, the probability of their occurrence and recommendations for prevention. The lawyer will tell you which permits or approvals need to be finalized and which documents need corrections.

A legal opinion based on a legal analysis of real estate is the basis for investors to make a decision on financing, and also helps to correctly plan the deadlines in the project schedule. When selling apartments or attracting loans, it increases the trust of banks and counterparties. So as a result, the developer begins construction with a clear legal picture and minimizes expensive downtime at any stage.

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