A new order of commissioning samostroev

28.07.2011 09:44
Articles about real estate | A new order of commissioning samostroev July 25 came into force on the order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine "On approval of the adoption of the operation of individual (country estates) of houses, gardens, country houses, economic (household) buildings and structures, additions to them, public buildings I and II categories of complexity (the "Homes"), which are built without a permit for construction works and technical survey of building designs and engineering services "(the" Order ").

This procedure was approved in accordance with the requirements of the new Law of Ukraine "On the Regulation of Urban Planning" (hereinafter - "the Act") and should help address a pressing challenge in real estate.

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As we know, for many years, citizens did not want to spend time and money on formal bureaucratic procedures, built Houses without obtaining permits for construction work. Therefore, there is a huge amount of residential property, which itself is technically not, because property rights to it are not registered in accordance with the law. These Houses can not be the subject of alienation, problems related to their connection to utility networks and communications.

The first step to solving this problem was the adoption of Government Resolution of 09.09.2009 № 1035, according to which the order was approved by the adoption of residential homes built without permits for construction work in the period up to August 5, 1992 and August 5, 1992 till January 1, 2008

With the passing of the rules in the construction industry has undergone significant changes. The government abolished the effect of the above regulations, as authorized by the Ministry needed to develop and adopt a new procedure for commissioning houses built without permits for the construction work.

The main differences between the new order of previously effective order are as follows:

1) The order applies to residential houses built before 31 December 2009;

2) There is no difference in the decision in the operation of apartment houses, depending on the area of ​​the facility;

3) there is no need to coordinate the technical reports on a survey of apartment houses with the state fire inspection and sanitary-epidemiological services;

4) Commissioning of the State is free of architectural and construction inspection by the registration of the declaration of readiness for operation of the object (the "Declaration");

5) The application for admission to the operation of the facility, along with necessary documents can be sent by registered mail.

In accordance with the Procedure for the adoption of a new procedure in the operation of apartment houses is as follows:

1) order a technical survey of building designs and engineering services facility (the "Survey") of the licensed organization;

2) obtaining a report about the survey;

3) An application for admission to the operation of the facility, together with the declaration form, a report on the survey and other documents prescribed by the rules;

4) The registration of the Declaration of the State Architectural and building inspections.

Recorded Declaration is the basis for signing contracts to supply the subject of water, gas, heat and electricity, making information about the object in state statistical reporting and registration of ownership of it.

While we can not say how effective will the new order. In practice, much will depend on what the price will be set licensing agencies for the preparation of a report on the survey.

It should also take into account the new tax on residential property, which will operate in Ukraine next year. And although it does not apply to garden and summer house (but not more than one such facility per tax payer) and the tax is not paid for the home area of ​​250 square meters. m, it is possible for property owners whose homes are not interested in their start-up in order to evade taxation.

Roman Drobotsky Lawyer

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