A property can only be legally transferred into ownership if the relevant documents have been drawn up. Such a property can be sold, connected to utilities or registered for a postal address. Furthermore, the property gains robust legal protection. Conversely, without ownership documents, the property loses its privileges and protection. Buildings may be demolished following court rulings or even seized by third parties.
The process of legalising property is always unique, as it is influenced by a multitude of factors:
- year of construction;
- floor area;
- location.
An experienced housing lawyer can help you navigate the nuances and save time.
Residential buildings for legalisation
Legalisation is necessary for properties that show signs of unauthorised construction. These include:
- those without a building plan or with existing defects;
- those built on land plots without the appropriate designated use;
- without a building permit or a declaration of commencement of construction;
- erected without complying with state building regulations.
The lack of title deeds primarily means the inability to use utilities. In Ukraine, utility companies are only entitled to connect electricity, water or gas to properties with title documents. Consequently, it is impossible to win any disputes with the housing and utilities sector, as such a property does not legally exist.
How is the legalisation of residential buildings carried out?
There are various ways to legalise unauthorised buildings. The main factor influencing the legalisation procedure is considered to be the year of construction of the property. Therefore, there are three legalisation procedures in Ukraine.
Buildings constructed before 1992
These can be legalised without commissioning, so ownership rights can be registered immediately. To do this, you must do the following:
- Order a technical passport. This will record the condition of the building and all its engineering solutions.
- Contact the registrar. They will enter the ownership documents into the state register.
Buildings constructed between 1992 and 2015
You can use the simplified legalisation procedure. This is available for residential, garden or holiday homes with an area of no more than 500 sq m. To legalise the property, you must hold the title to the land.
The step-by-step procedure is as follows:
- Ordering a technical passport detailing all the specifics of the property.
- Obtaining a technical survey of the building. For houses over 100 sq.m., a separate report is required.
- Register a declaration of readiness for use.
- Obtain a postal address from the local authority.
- Submit the documents to the registrar for entry into the register.
Houses built after 2015
Properties can be legalised through the full procedure. To do this, you must:
- Obtain a building passport from the Department of Urban Planning and Architecture.
- Prepare and submit a notification regarding the commencement of construction works.
- Obtain a technical passport.
- Submit a declaration of readiness to commission the property.
- Obtain a postal address.
- Register ownership of the house.
The full procedure takes longer due to the need for a greater number of documents. It is important to seek legal advice from specialists to prepare the full set of documents.
Documents required for the legalisation of a self-built property
Legalising a house requires obtaining permits and documents. The necessary documents include:
- A document establishing ownership of the land plot and, separately, of the house.
- Technical passport for the house.
- Project documentation.
Legal assistance with housing matters from Svarog
By contacting a housing lawyer at Svarog, you will receive:
- prompt legal assistance;
- full support until the issue is resolved;
- a personalised approach;
- highly qualified specialists.
Please contact us for advice if you need help with legalising your property right now. We will answer any questions you may have.
Questions and answers
How do I legalise a residential property?
You must have a full set of documents to submit to the state registrar. They must enter the owner’s details into the state register.
What documents are required to legalise a house?
Mandatory documentation includes the technical passport for the house and proof of land ownership. The final number and list of documents depend on the chosen procedure.
Can unauthorised construction be legalised?
Yes, almost any such construction can be formalised. The main thing is to rectify any serious construction errors that affect operational safety.
What should be done if the house has not been commissioned?
You must obtain a commissioning declaration. This document is not required for houses built before 1992.
How long does it take to legalise a residential building?
The total duration of the legalisation procedure depends on:
- the chosen procedure;
- the documents required for registration.
How much does a solicitor cost for legalising a house?
The cost is influenced by the overall complexity of the legalisation case and any associated property issues.