Legalisation of alterations

The key question is not ‘how to legalise it’, but what exactly you have done. Everything depends on the answer: some works do not require any permits at all and are finalised with a new technical certificate, whilst others require a design, commissioning, and sometimes a structural reinforcement design.

Re-planning — changing the layout without interfering with load-bearing structures or communal utility networks: removing a non-load-bearing partition, relocating doors, or combining ancillary rooms.

Reconstruction — anything that affects load-bearing walls, floor slabs or shared utility networks: combining a kitchen with a room by breaking through a load-bearing wall, relocating a bathroom, or changing the heating system. This is a different procedure altogether, involving a design and commissioning.

Confusing the two is a common mistake that costs people months of time and unnecessary money.

+38 095 554-54-24 — legal advice

Why this cannot be put off

Legalising a redevelopment is not a mere formality, but a condition for disposing of the flat:

• a notary will not certify the agreement if the actual layout does not match the technical passport. Sales, gifts and exchanges will simply be halted;
• a bank will not accept the flat as mortgage collateral or as security;
• the insurer may refuse to pay out;
• heirs will face the same issue, only without you;
• if the alterations are deemed hazardous, you may receive an order to restore the property to its previous condition — and you will have to do so at your own expense.

Most often, the problem is discovered a week before the transaction, when a buyer has already been found. Then you either have to call off the sale or lower the price.

Three scenarios

1. No permission required

If the works do not affect load-bearing structures or shared utility networks, no separate permission is required. It is sufficient to order a new technical certificate, which will record the actual layout, and amend the relevant documents.

This is the cheapest and quickest scenario — 2–4 weeks.

2. A design and commissioning are required

If load-bearing walls, floor slabs or utility networks are affected, this constitutes a renovation. The procedure is as follows:

1. survey of the technical condition of the structures;
2. design from a licensed organisation (if necessary — a design for structural reinforcement);
3. notification of the start of construction works or a permit — depending on the complexity category;
4. a declaration that the property is ready for use;
5. a new technical certificate and amendments to the register.

Duration: 2–5 months.

3. Legal proceedings

Required when administrative remedies have been exhausted:

• the architectural and building control authority has refused;
• co-owners or neighbours object;
• the common property of a block of flats is affected;
• there are no documents relating to the original layout;
• the alterations were carried out by the previous owner, but you are the one who has to sort it out.

Building amnesty: when the work is long-standing

For re-planning and reconstruction carried out before 9 April 2015, a simplified legalisation procedure applies — the so-called building amnesty. It allows you to formalise the changes without a full project and without fines.

This is a crucial detail: if your redevelopment was carried out back in the 2000s (or was carried out by previous owners), the procedure may turn out to be far simpler and cheaper than you expect. Therefore, the first thing we establish is — exactly when the work was carried out and how this can be confirmed.

What will never be legalised

An honest list — so you don’t waste your money:

• demolition of a load-bearing wall without a reinforcement plan, if an inspection has revealed a threat to the structure;
• relocating a bathroom above the living rooms of the neighbours below;
• incorporating part of the common property — a stairwell, corridor or loft — without the consent of the co-owners;
• dismantling of ventilation ducts;
• relocation of gas equipment in breach of regulations.

In such cases, there is only one course of action — restoring the property to its previous condition. We will inform you of this immediately, rather than six months down the line.

When a solicitor is not needed

If a non-load-bearing partition has been demolished, load-bearing walls have not been touched, and utility networks have not been relocated — simply order a new technical certificate and carry on with your life. A solicitor is not required here.

A solicitor is needed when:

• load-bearing structures or shared utility networks have been affected;
• a refusal has been received from the regulatory authority or a directive has been issued;
• the alterations were carried out by the previous owner;
• neighbours or the owners’ association object;
• the flat is being prepared for sale, and time is running out;
• the old technical passport is missing.

How we work

1. We classify the work — whether it is a conversion or a refurbishment. The entire procedure depends on this.
2. We check the date of completion — it may be eligible for a simplified procedure.
3. We organise the technical aspects — survey, design, technical certificate.
4. We complete the administrative procedure to amend the register.
5. We appeal against a refusal or seek legalisation through the courts.
6. We prepare the flat for the transaction — so that the notary does not block the sale.

Cost of services

The following are charged separately: technical passport, structural survey, design, construction and technical expertise, court fees.

Full price list · Legalisation of residential properties

Questions and answers (Legalisation of flat alterations)

Can I sell a flat with unauthorised alterations?

No. A notary will not certify the transaction if the actual layout does not match the technical passport. Legalisation must take place first.

Do I need permission if I’ve only knocked down a partition wall?

No, provided the partition wall is non-load-bearing and you haven’t tampered with the utility services. It is sufficient to order a new technical passport.

What should I do if a load-bearing wall has been knocked down?

You’ll need a structural survey and a reinforcement plan from a licensed organisation. If the survey reveals a safety risk, the wall will have to be rebuilt.

The previous owner carried out the alterations. Who is liable?

You are — as the current owner. The issue is transferred along with the flat, so you must check the layout before buying, not afterwards.

What is a building amnesty?

A simplified procedure for legalising work carried out before 9 April 2015 — without a full project and without fines. That is why the date the work was carried out is the first thing we establish.

Is neighbours’ consent required?

Yes, if the work affects the building’s common property or shared utility networks. Without the co-owners’ consent, such alterations cannot be legalised.

How long does legalisation take?

A straightforward case (new technical passport) takes 2–4 weeks. With a project and commissioning — 2–5 months. If taken to court — an additional 6–12 months.

What documents should I bring to the consultation?

Documents proving ownership of the flat, the old technical passport, photos of the actual layout, any orders or refusals from regulatory authorities, and documents confirming the date the work was carried out.

Contacting a solicitor at ‘Svarog’ regarding the legalisation of a redevelopment

Send us the old technical passport and describe exactly what has been changed — we will advise you whether it constitutes a redevelopment or a reconstruction, which legalisation route is required, and how much it will actually cost, including the technical aspects.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street, Office 2 (Podil) · Mon–Fri 9:00–18:00