However, the country has more than 200,000 objects "illegals". But to go through all the "circles of hell" (read: local officials), the owners did not have enough nerve, neither time nor money, says explosives.
Local officials have established a "taxi"
- I built myself, and my parents were built after the war. Do not tell me what it is! - Said recently the Minister of Regional Development and Construction Vladimir Yatsuba. And said: "Amnesty" samostroev will be extended until January 1, 2011. However, these measures do not apply to cases of self-trapping of land in the Crimea.
The new law simplifies the procedure of legalization, has been adopted by the Verkhovna Rada. Now he must sign the President. As told to "BB" Deputy Minister of Regional Development and Construction Dmitry Isayenko, currently samostroi legalize under the existing decree № 1035 "The interim order was put into operation completed construction of private residential homesteads, cottages and houses with shopping facilities and buildings constructed without permission for construction. However, local officials, as is known, managed, and then find a benefit. They are for the acceptance of objects often prescribe payment of share participation.
- If you have three certificates issued per thousand hryvnia, legalize samostroi would be very simple, - says Dmitry Valerievich. - The law then simply do not need. Why in the Transcarpathian region is not legitimized by any object? Because local authorities have established "modest" fee in special funds: 20% of the appraised value of the house. Only then will they be issued the necessary certificate ...
Bring to the court photographs and checks
No matter how high officials assured us that the new law in the two accounts will solve all the problems samostroev believable it with difficulty. But why? Experience shows: even if you have on hand the necessary documents are not always able to approve them.
- Walk on 40-50 approvals - a grueling process - explains the well-known lawyer Serhiy Vlasenko. - The procedure sometimes takes even years, but centuries. For example, obtaining approval for connection to the power supply takes approximately 5-6 months. Why waste this time, if the court people can defend their right for two months?
That is why many legalize their samostroi through the courts.
The lawyer said that it is very difficult to recommend any scheme of action in such matters because of the individual situation and collected evidence. But even if the "granary" books are no records that you have transferred the land in use, knowledge of the laws can help. For example, Article 119 of the Land Code of Ukraine requires the acquisition of ownership of the land for prescription use. If you are over 15 years, openly, consistently and conscientiously held sway on the ground even without the documents at her, she might eventually become yours.
- But you need to collect evidence to this effect - recommends a lawyer. - For example, take testimony from the neighbors. Those documents, which you specify the address samostroya for 15 years. The court will take into account the photographs and receipts for building materials.
As for the new law, he, experts say, could open a loophole for the Raiders. After all, similar mechanisms have often helped to "interested" parties to gain control over someone else`s property, which is "bad lies". The trend, however?
Head of the State Architectural and Construction Inspection of Ukraine Oleksandr Bondarenko explained why so slow to legalize samostroi.
- Not so long ago introduced a document on legitimizing these buildings. It must give the local authority. But since the receipt of such certificate is equal to and sometimes exceeds the cost of permits for the construction of a legal, legislation we have not executed, - said Mr. Bondarenko.
According to the head of the State Architectural and Construction Inspection for the first quarter of 2010 in Kiev, issued 1086 certificates of legalization, and, for example, in Kiev - 311.
Recall up to January 1, 2011 throughout the territory of Ukraine except Crimea, will act peculiar tax holidays for illegally constructed facilities after the expiration of this period samostroi will be outlawed.
In total, over January-March 2010 the State Architectural and Construction Inspectorate fined developers 15 million hryvnia, issuing with 6,5 thousand building permits.
Alexander Bondarenko said that in a short time in the State Architectural and Construction Inspection will be a unified information database accessible to every inspector.