Legalisation of residential buildings

A house built without the necessary documentation does not legally exist. It cannot be sold, gifted, bequeathed, mortgaged or insured. Worse still: under Article 376 of the Civil Code, a court may order the person who carried out the unauthorised construction to demolish it at their own expense.

Legalising unauthorised construction does not mean ‘coming to an agreement with the building inspectorate’, but rather transforming the existing structure into a legal entity: commissioning it, assigning an address and registering ownership. Only then do you become the owner.

Most often, we are approached by owners of houses built in the 2000s ‘by eye’, heirs who have discovered that their grandfather never formalised the house’s ownership, and people who have added a storey or an attic without the necessary documentation.

+38 095 554-54-24 — legal advice

What constitutes unauthorised construction

Under Article 376 of the Civil Code, construction is deemed unauthorised if at least one of the following criteria is met:

• the structure has been erected on a plot of land not designated for this purpose;
• without a document granting the right to carry out construction works (notification, permit);
• without an approved design, where this is mandatory;
• with a material breach of building regulations and standards.

The consequences vary. If the violation consists solely of a lack of documentation, and the land is yours and the building complies with regulations, legalisation is a realistic prospect. If construction took place on someone else’s land or on land not designated for this purpose, the matter is considerably more complex, and you will have to start with the land itself.

Two routes to legalisation

Administrative — via the e-system

The main and preferred route. Properties are processed through the Unified State Electronic System for Construction, with oversight provided by the State Inspectorate for Architecture and Urban Planning (DIAM).

For buildings in complexity category CC1 (detached houses — the majority of private developments), the procedure is simplified:

1. Land verification — intended use, ownership rights, restrictions. This is the first step, and there is no point in proceeding further without it.
2. Technical inventory — a new technical certificate for the completed building.
3. Technical report on reliability and fitness for use — from a certified engineer.
4. Submission of a declaration confirming the property’s readiness for use.
5. Allocation of an address.
6. State registration of ownership rights.

For structures of higher complexity categories, a design, expert assessment and a certificate of commissioning are required — the procedure is longer and more expensive.

Judicial proceedings — when administrative procedures fail

The court recognises ownership of unauthorised construction (Article 376(3) of the Civil Code) provided that:

• the land plot belongs to you or has been granted for construction;
• the structure does not infringe the rights of other persons — primarily neighbours;
• the construction complies with building regulations (this must be proven by a structural and technical assessment).

Legal action is required if DIAM has refused permission, if the land documents are in the name of a deceased person, if the house is partially situated on a neighbouring plot, or if the administrative procedure is blocked due to discrepancies in the registers.

The most common obstacles

The land is not yours or is not of the correct category. It will not be possible to legalise a house on a plot designated ‘for horticulture’ as a residential property without changing its designated use. Sometimes you first have to privatise the land, and only then legalise the house.

Breach of set-back requirements. The house is situated closer to the boundary than permitted by the State Building Regulations (DBN). The neighbour’s consent is required — or a court ruling confirming that their rights have not been infringed.

Inheritance. The deceased built the house but did not register it. The notary will not issue a certificate: the property does not legally exist. First, legalisation; then inheritance — or both issues in a single court proceeding.

Breaches of regulations. If a structural and technical assessment finds the building to be unsafe, it cannot be legalised. This is a case where we’ll be frank: there’s no prospect of success, and it’s better not to waste money on the process.

How much does it cost and how long does it take?

Through administrative channels, provided you have the land documents — 2–4 months. Through the courts — 6–12 months, longer if an expert assessment is required.

The main costs are not the solicitor’s fees, but the technical aspects: inventory, technical report, and, if necessary, the design and building and technical assessment. We provide an indicative total cost for consultations before work begins.

When a solicitor is not required

If the land is yours, the house complies with regulations, and the documents are in order — the BTI and DIAM can handle it without a solicitor. We’ll tell you as it is, rather than trying to ‘sell you additional services’.

A solicitor is needed when:

• DIAM has refused or the procedure has been blocked;
• the land is not registered or is in the wrong category;
• the house was built by the testator, who is no longer alive;
• there is a dispute with neighbours regarding boundaries or setbacks;
• the property partially extends beyond the boundaries of your plot;
• you have already received a demolition order.

How we work

1. We check the land — this is always the first step, as legalisation is impossible without title to the plot.
2. We assess the prospects — whether legalisation is even possible, and whether there is a risk of a demolition order.
3. We organise the technical aspects — survey, technical report and, if necessary, a design
4. We complete the administrative procedures — declaration, address and registration
5. We appeal against a refusal by DIAM or pursue recognition of ownership rights through the courts.
6. We register the ownership rights and submit the complete set of documents.

Cost of services

The following are charged separately: technical inventory, technical report, project documentation, construction and technical expertise, court fees, and administrative fees for registration of rights.

Full price list · Building permit

Questions and answers (Legalisation of unauthorised construction)

Can a house that has not been commissioned be sold?

No. A property not registered in the register does not legally exist — a notary will not certify the agreement. Legalisation must come first.

Can an unauthorised building be demolished?

Yes. Under Article 376 of the Civil Code, a court may order a person to demolish the structure at their own expense — usually where the building was constructed on someone else’s land or in material breach of regulations.

Can a house built on someone else’s land be legalised?

No, not until the land is yours. First, the land issue: privatisation, purchase, or lease — and only then can the house be legalised.

Is it possible to legalise a house after the death of the person who built it?

Yes. The right is recognised for the heirs through the courts. This is a common and highly successful category of cases provided that land documents are available.

How long does legalisation take?

Through administrative channels — 2–4 months. Through the courts — 6–12 months, or longer if an expert assessment is required.

What should you do if the house is built closer to the boundary than permitted?

Obtain your neighbour’s consent or prove in court that their rights have not been infringed. Without this, the State Architectural and Urban Planning Inspectorate (DIAM) will refuse the application.

Can an additional storey or a loft be legalised?

Yes, provided it does not compromise the structural integrity of the building. A technical report is required, and often a reinforcement plan as well.

What documents should I bring to the consultation?

Documents relating to the land plot, the old technical passport (if available), any building documents, orders or refusals from regulatory authorities, and inheritance documents.

Consulting a solicitor regarding the legalisation of unauthorised construction with the firm ‘Svarog’

Describe the property and send us the land documents — we’ll tell you whether it can be legalised at all, how this can be done, and how much it will cost, including the technical work. If there’s no prospect of success, you’ll be told this during the consultation, rather than after a year of expenditure.

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