The mechanism of legalization of self-construction buildings launched

The order of the Ministry of Regional Development, Construction and Housing and Communal Services on approval of the Procedure for inspection and acceptance into operation of country houses and private houses built without permits entered into force.

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In fact, this means that Ukrainians can already collect documents for the legalization of their self-construction buildings.

However, there are only objects of a small class of consequences (SS1) without permission documents under the "amnesty of construction" :

- individual (mansion) houses, garden, country houses with a total area of ​​up to 300 square meters, as well as commercial buildings and facilities with a total area of ​​up to 300 square meters, built between August 5, 1992 and April 9, 2015;

- buildings and structures of agricultural purpose, built before March 12, 2011.

It is important to observe the conditions: such objects should correspond to the purpose of the land plot, construction norms and to undergo a technical examination.

To legalize self-constructing, the owner must prepare the following documents:

- a statement on acceptance of the object in operation (co-owners of the plot, if there are any, also sign it),

- a completed declaration on the readiness of the facility for operation (the form is given in Annex 3 to the Procedure),

- a  report on conducting technical examination (except for the cases specified in clause 5 of section II of the Procedure);

- a copy of the document certifying the right of ownership / use of the land plot;

- a copy of the technical passport with a note on the possibility of placing and exploitation of the facility (and, in the passports issued before the entry into force of this Procedure, an appropriate mark on the conduct of the technical examination shall be included).

A technical inspection of such facilities is carried out by a business entity that has certified auditors (in accordance with the Law "On Architectural Activities") and includes the following stages:

- preliminary (visual) inspection of the object, including review and photographing, performance of measurements, definition of the class of consequences, analysis of the design and other technical documentation (if any);

- detailed (instrumental) inspection of the object, including determination of parameters and characteristics of materials, products and structures, with the involvement of specialists of the relevant specialization and certified laboratories (if necessary).

The order does not allow technical examination only for photos, videos, drawings or other documents.

On the basis of the information obtained as a result of the technical examination, the performer carries out an assessment of the technical condition of the object and makes a report.

Then the procedure is quite simple. After submission of relevant documents to the State Architectural Control Board, the latter will have 10 days to review and decide on the acceptance of the facility in operation. In this case, penalties for the unauthorized construction and operation of such facilities to owners / users of land plots will not be applied.

According to Oleksiy Kudryavtsev, the Head of the SABI, this construction amnesty, unlike the previous one, is indefinite, and therefore everyone must have time to legalize their self-construction buildings.

It is also worth knowing that around 100 newly created bodies of architectural control have been operating in Ukraine, having received from the SABI powers within the framework of decentralization. Therefore, inhabitants of settlements can apply to local inspections and do not go to SABI or its territorial bodies.

 

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