Is it legal to cottages and cottage villages in Ukraine?





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01.07.2010 22:16
Told about this senior lawyer Vasil Kisil & Partners Natalia Dotsenko-Belous at a press conference on the suburban real estate market July 30 Interfax.

Current Ukrainian legislation does not contain the term and the definition of "cottage" or "cottage community" as real estate.
Using the terminology of the current legislation would be characterized as a kind of individual cottage housing development, to regulate that from 01.01.2006 extended its action GOS 02/02/1915 - 2005 "Residential homes. General Provisions "
Cottages (homes), depending on the location on certain plots of land can qualify for:
- Individual houses (land category of residential and public buildings);
- Garden House (category of agricultural land)
- Holiday home (category lands recreational use).

If the land legislation of Ukraine provides a different approach to the definition and classification of dwellings (houses), the construction standards include these types of housing (except for individual houses) to the concept of "rural manor house - a house for one family with a total area tend to 250 square meters. situated on the land in rural areas, together with facilities for household purposes, garden and kitchen garden.

Individual house - Detached house, which has houses adjoining the site.
A common characteristic of all listed buildings, referred to the team concept with a "cottage" is the presence of only one apartment.
Log in Detached house can be carried out through the glazed veranda. In this case, the entrance to the premises must be no less than three doors. Allowed arrangement of double doors, and placing the main entrance to Detached house in the basement. At the same hallway with stairs to be heated.
Favorable for the developer especially in the construction of residential houses is no duty to perform a comprehensive examination of public investment projects, according to the Order of the State Construction Committee "On approval of list of facilities, approval of construction projects which are within the Ukrainian legislation does not require the conclusion of a comprehensive state examination" of 12.11.2003, N 187.
However, to avoid passing a comprehensive examination of public investment projects, residential buildings must meet one of the following criteria:
- With the number of floors above ground and two inclusive (not counting the attic floor)
- Cottages and garden homes that have basements
- Economic and auxiliary facilities
- Residential detached houses of cottage type to individual builders - I-II degree of complexity.
At the same time, these exceptions to the general procedure for public examination of investment projects do not apply to:
- Project documentation for construction of houses (2 houses and more).
Thus, construction of cottage settlements, rather than individual homes, the builder will need to pass the state examination of investment projects.
- Construction in areas with complicated engineering-geological and technological conditions (areas with seismicity of balls 6 and above, participation in regional maritime way).
Considering the features of the location and operation of houses should also use the GOS 360-92 "City. Planning and development of urban and rural settlements. " This separates the GOS manor building and garden dacha construction.

Individual residential buildings

For estate development are the following mandatory conditions of use:
(1) The sites to be allocated under the manor building, depending on their size should be formed:
a) up to 10 hectares - a group of houses with garden plots with no areas of public use;
b) 10 - 50 ha - residential areas with an incomplete set of public service;
c) more than 50 hectares - a residential area with a full range of public services of local importance.
(2) Area of ??farmstead buildings can be formed separate dwelling houses or blocked with household (prikvartirnymi) plots with outbuildings or without them. Buildings in these areas should not exceed 4 storeys. Storey building, limiting the size of houses, building area, the requirements for commercial buildings, their structure, fence sections, landscaping shall be established by local rules of construction, depending on the size of plots, the conditions of the engineering equipment, insolation homes and territories, and other regulatory requirements, regional traditions.
(3) In the area of ??the estate area includes the area of ??building houses, outbuildings.
(4) In areas with a slope of 15-20 ‰ should be applied terraced building. Number of levels should be no more than 4-5 for the data slopes and one approach, while the two approaches - can be great.
With terraced building should include passages for passing fire engines and external staircase - walking paths that connect them. The distance between the passages, as well as between the external stairs shall not exceed 100 m.
For the structuring of terrace building should be used:
- Freestanding apartment block on the outside staircase, which serves one or two of ¬ separately facing apartments on the same tier;
- Blocks of two flats with external staircase leading to two flats;
- At home or in-line gallery type of apartments on the same tier, the combined corridor along the border with the slope or the gallery along the outer boundaries of the terraces.
(5) In the areas of estate building placement social facilities should be provided in areas of general use, the specially designated areas within the community centers or in separate buildings. Allowed the placement of these facilities in residential homes on private land with the obligatory observance of state building, sanitary, fire regulations and the presence of free territory to ensure that the size of land parcels.
(6) The plantings along the streets, along with ornamental trees and shrubs appropriate to plant fruit. Greening of streets 12 m wide and less should be funded through the front gardens.
When groups of houses should include green areas with playgrounds for children to play.
(7) In cities and towns on private land, subject to sanitary, fire and building codes can be placed outbuildings and garages built into the dwelling house, attached to, or in a separate building.
Outbuildings for livestock, other animals and birds are allowed in towns and urban housing estate, where, according to regulatory and legal acts of local government and public oversight allowed their content. The location of these structures on private land should be carried out in accordance with local regulations for rural settlements.
(8) Placement of outbuildings on the building line dwellings are not allowed. Placement of garages should be provided primarily built-in or Attached homes on the building line or at the bottom of the plot.

Garden and garden buildings.

Territory of the holiday and gardening companies and associations, depending on their location are divided into summer and horticultural villages and districts. Vacation and horticultural settlements located beyond the boundaries of settlements.
Vacation and horticultural areas - it is predominantly the existing suburban area and gardening companies, which are located within the boundaries of existing settlements, or directly adjacent to them and may be administratively attached to the territory of the existing settlement.
Construction of new suburban and horticultural areas are not allowed:
- Within the boundaries of urban settlements
- In areas where there are planning restrictions imposed by current legislation, sanitary norms and rules, as well as the reserve non-urban areas which are provided by urban planning documents for the further development of cities and settlements, utilities and transport infrastructure.
Territory of the holiday and horticultural settlements (districts) are intended for organizing extra-urban recreation of citizens of the horticultural and gardening sector with the possibility of placing the garden or summer homes.

Holiday House - a residential home for use during the year to a country holiday.
Garden house - building for the summer (seasonal) use that in matters of valuation area buildings, external structures and engineering equipment does not meet the standards established for residential homes.
Holiday Accommodation should be placed, usually in an area that has recreational qualities, including near rivers and lakes, forests, subject to the natural security requirements. Gardening settlements - on land that is suitable for doing gardening.
Within the boundaries of one settlement or district may provide for mixed types of land use for the rest of horticulture, the construction of a cottage and garden houses.
The maximum amount of land area, are available to citizens for the conduct of suburban gardening or farming, established by local executive authorities or local self-government within the boundaries of the norm, which is set by the land legislation of Ukraine.
Vacation and horticultural areas (settlements) are divided into small - from 30 to 100 sites, average - 101 - 300, large - more than 300.
Cottage gardening territory or settlement (district) is divided into zones of individual (or garden plots), and general use (of the road network and public buildings). Zone for individual use with the urban road network should be up to 90% of the total territory of the settlement (district).

Housing estates

If the "cottage" as a generalized concept of a number of legal phenomena is taking place, the cottage villages, despite the increasing demand on them, remain outside the legal field. That is again a situation where the development of relations in the construction sector and investment houses ahead of current legislation.
At present, cottage settlement - a collection of individual houses garden, residential and other buildings.
Legislative uncertainty with respect to the cottage settlements led to a situation where issues concerning the construction of cottage settlements and attract investment in these projects are solved by each of the developers chaotic.

Before the developer, agreed to implement the construction of cottage settlements pervooocherednymi legal challenges are:
A) to determine which section of the construction of houses is permitted;
B) Develop a sales scheme cottage (with or without the sale of land);
B) to exclude cases of failure of buyers who purchased land from the cottages;
F) to ensure the right to operate cottage townships.

These issues are quite clearly describes the specifics of cottage village.
Housing estates are groups of separate or semi-detached houses (townhouses), located in isolated areas. Required characteristics of such a settlement: good access, protection of sites that all city communications (centralized heat, water, electricity, the possibility of installing the phone, Internet, satellite TV, etc.) as well as good infrastructure such as sports and fitness center, shops, playgrounds, bars.
Demand for such facilities arose about 7 years ago, but at the time of cottage villages near the town built a little, and wishing to live outside the city just bought back a piece of land and built houses for his taste and abilities. Now many development companies have taken this niche market, ranking at different distances from the capital of entire villages and comfortable cottages. The centralized system of building permits not only reduce the cost of building houses, but also provide the necessary environment for a comfortable life, create a single image of the village.
In cottage settlements many advantages over the irregular buildings. First, is the creation of a specific living environment, where you can feel safe and comfortable, while being among people of his circle. Second, is the presence of a single development plan and a unified architectural concept. Third, it's recreational infrastructure and way of life, which provides maximum comfort, without leaving the village.
Suburban settlements vary the degree of centralization of their design and arrangement. There are towns with a unified development plan, a certain set of buildings erected by the same company under a unified leadership. This type of settlements characterized by the presence of high-tech infrastructure, including modern means of communication, which are paid at the stage of buying houses.
Another more expensive option - the seller makes the cutting of the earth, brings common communication and gives the buyer the right to self-design. Residents of these townships jointly funded only protection, driveways and garbage.
And a few words about the most is not developed in legal terms, cottage development sector, which borders on violation of the applicable building standards - apartment cottage development (townhouse). If we try to give the most general definition of the townhouse, you get something like "apartment cottage, which is a hybrid of country houses and apartments. Some of the varieties townhouses fit into the terminology of the GOS 02/02/2004, and received a determination of how prolonged the house - a house with a length of 3 or more times its height.
Townhouse is a building consisting of two or three houses, each of which has its own entrance, garage and land. Usually on the first floor has a kitchen, living room, technical and auxiliary rooms on the second - a bedroom, nursery, office. Typically, settlements townhouses are classified as "business class" and have the appropriate infrastructure.
Demand for them is steadily growing - now more and more people seek to live closer to nature, but a cottage worth far more than the cost townhouse, where the centralized supply of communications are much cheaper construction.
Thus, all the above mentioned problems, must confront the developer when you start a cottage settlement due to the specific requirements of the building.
Victor Kovalenko
www.zagorodna.com
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