The most costly mistake a developer can make is to start work without the necessary documents and then try to ‘regularise’ them. A property built without authorisation to carry out construction work is considered unauthorised construction (Article 376 of the Civil Code), with all the consequences that entails: it will not be commissioned, registered or permitted to be sold, and a court may order its demolition.
That said, a building permit is not always required. For a detached house, a notification of the commencement of construction works is sufficient — this is a different, much simpler procedure. Confusion between a ‘notification’ and a ‘permit’ is the main cause of unnecessary delays.
We process documents via the Unified State Electronic System for Construction and appeal against refusals by the State Inspectorate for Architecture and Urban Planning (DIAM).
+38 095 554-54-24 — legal advice
The complexity category determines everything
It determines which document you need, whether a project assessment is required, and how long the procedure will take.
| Category | What this usually involves | Document to commence works | Document upon completion |
|---|---|---|---|
| CC1 — minor consequences | Detached houses, outbuildings, small-scale projects | Notification of the commencement of construction works | Declaration of readiness for use |
| SS2 — moderate impact | Multi-occupancy blocks, most commercial premises | Permit to carry out construction works | Certificate of acceptance into service |
| SS3 — significant consequences | Complex and potentially hazardous facilities | Permit for construction works | Certificate of acceptance into service |
The category is not determined by the developer ‘by eye’, but by the designer — based on the property’s characteristics. Under-classifying a property to take the easy way out results in the documents being revoked and the property being classified as unauthorised construction.
What is required before submission
These are the first things to be checked, and they are the ones where people most often ‘stumble’:
Right to the land plot. Ownership, lease, superficies — but the right must be registered. Construction without a right to the land cannot be authorised in principle.
Intended use. A plot designated ‘for horticulture’ does not permit the construction of a residential building with registered residence. Sometimes you have to change the designated use first — and this is a separate procedure taking several months.
Town planning conditions and restrictions (TPCs) — for developments where they are required. Issued by the town planning authority; a refusal can be appealed.
Building passport — for individual developments, this is often the main document defining the parameters of the future house.
Project documentation, and for SS2 and SS3 — also project expert review.
Technical supervision and designer supervision — mandatory for properties in the relevant categories.
Restrictions people only find out about too late
- Protection zones — power lines, gas pipelines, water mains. Building within these zones is prohibited, and no permit will change that.
- Coastal protection zones — a classic pitfall for plots near the water.
- Airfield vicinity — a separate approval procedure that can completely block a project.
- Cultural heritage sites and their protection zones — additional approvals are required.
- Setbacks from the boundaries of neighbouring plots — breaching the State Building Regulations (DBN) here means a future dispute with a neighbour and refusal to grant a commissioning certificate.
Therefore, a legal audit of the plot before purchase and before commissioning the project is the cheapest investment in the entire process.
If DIAM has refused
The refusal must be in writing and substantiated. Next:
- rectify the shortcomings if the reason is procedural — an incomplete application, errors in the documents;
- appeal if the refusal is unlawful. This is an administrative claim; the court may order the authority to register the notification or issue the permit.
Failure to act (documents submitted, deadline passed, no decision) is appealed in the same way.
Separately: suspension of construction by order of the State Architectural and Urban Planning Inspectorate (DIAM) and the imposition of a fine. Speed is of the essence here — both in appealing the order and in simultaneously rectifying the breaches, if they actually exist.
When a solicitor is not needed
If the plot is yours, the designated use is correct, the building is standard (SS1), and the designer is competent — the procedure can be completed without a solicitor. We will state this clearly.
You need a solicitor when:
- DIAM has refused or has not responded;
- construction has been halted by an order, and a fine has been imposed;
- the designated use of the plot does not permit building;
- the plot falls within a conservation area or is subject to restrictions;
- neighbours are challenging your planning permission;
- you are purchasing a plot for development and wish to know whether building on it is permitted at all;
- work has already begun without the necessary documentation.
How we work
- Legal audit of the plot — legal status, designated use, restrictions, conservation areas. Before the project, not after.
- We determine the procedure — notification or permission, whether a municipal planning authority decision or a building passport is required.
- We assist with submissions via the e-system.
- We challenge refusals and orders from the State Architectural and Urban Planning Inspection (DIAM) in the administrative court.
- We handle disputes with neighbours and local authorities.
- We see the project through to commissioning and registration of ownership rights.
Cost of services
| Service | Price |
|---|---|
| Consultation | from 1,500 UAH |
| Legal audit of the plot prior to construction | from 5,000 UAH |
| Support with the preparation of construction documentation | from 5,000 UAH |
| Preparation of a statement of claim and procedural documents | from 5,000 UAH |
| Participation in one court hearing | from 3,000 UAH |
| Legal representation in court | from 10,000 UAH |
| Comprehensive support for administrative proceedings (appeal against a refusal by the State Architectural and Urban Planning Inspectorate) | from 30,000 UAH |
The following are charged separately: project documentation, project expert assessment, technical supervision, extracts from registers, court fees.
Full price list · Legalisation of residential buildings
Questions and answers (Building permit)
Is a building permit required for a private house?
Usually not. Detached houses fall under category CC1 — a notification of the start of construction works is sufficient. A permit is required for CC2 and CC3 properties.
What happens if you build without the necessary documents?
The property will be deemed unauthorised construction (Article 376 of the Civil Code): it will not be commissioned, ownership will not be registered, and a court may order it to be demolished at your expense.
Is it possible to build on a allotment?
A garden house — yes. A residential property, with registration of residence — generally speaking, no. A change of designated use is required, and this is not always possible.
DIAM has refused. What should I do?
Request a written, reasoned refusal. If the reason is a technicality, rectify the shortcomings. If the refusal is unlawful, appeal to the administrative court; the court may order the authority to issue the document.
What should I do if construction has been halted by an order?
Act quickly: challenge the order and, at the same time, rectify any breaches, if they actually exist. Delaying the process increases both the fine and the risk of demolition.
Is it possible to obtain the necessary permits once construction has already begun?
Yes, but this amounts to legalising unauthorised construction — a longer and more expensive procedure than obtaining permits before work begins.
How long does the registration process take?
A notification (SS1), provided all documents are in order, takes a few weeks. A permit for SS2/SS3, including the project and expert assessment, takes several months. Changing the designated use of the plot adds a further 3–6 months.
What documents should I bring to the consultation?
Documents relating to the plot of land, a cadastral extract, town planning conditions or a building passport (if available), the project, and any refusal or order from the State Architectural and Urban Planning Inspectorate (DIAM).
Consulting a solicitor regarding a building permit with the firm ‘Svarog’
Send us the plot’s cadastral number — we’ll check whether building is permitted on it, what restrictions apply, and which procedure you need: a notification or a permit. A check before work begins costs significantly less than legalising the situation afterwards.
+38 095 554-54-24 · Kyiv, 7 Khoriva St, Office 2 (Podil) · Mon–Fri 9.00–18.00