Як узаконити «нелегальну» дачу?

The problem of legalizing illegally constructed buildings and facilities in our country is still great.

Its causes are two: firstly, we have reason to assume that in our own land you can build anything you like and what you will, and secondly, the procedure of official registration of building permits is complex and lengthy. The result is that the legalization of illegally constructed buildings people become involved, when you need to implement any legally significant actions with them (to sell, donate, bequeath).

P. 9 Final provisions ZU "Regulation of Urban Planning" (in force since March 12, 2011) putting into operation illegally built private houses, gardens, country houses, commercial buildings, additions thereto, public buildings I and II categories extended until the end of 2012 Pursuant to this provision by the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine from 24.06.2011 № 91 approved by order of acceptance into service of these objects (hereinafter - the procedure of legalization samostroya). At the same time, by order of the Cabinet of Ministers of May 23, 2011 № 553 repealed earlier interim order in force for admission to operation completed construction of private houses farmsteads, cottages and houses with farm buildings and structures built without a permit for construction work .

Analysis of a new order legalizing illegal construction and the subject of this article. But first, decide on what should be considered samostroev. According to Art. 376 CC, under construction as such understand the house, jobs, buildings, other real estate in any of the following conditions: 1) the land is not reserved for this purpose, 2) there is no building permit, and 3) there is no approved project; 4) Construction has been a fundamental violation of building codes.

Is it possible to dispense with the court?

Immediately determine that the person who carries out or carried out unauthorized construction, does not acquire ownership rights to that object (Part 2 of Art. 376 CC). It can be recognized by the court subject to the provision in the prescribed manner to such person under the land is already built real estate if it does not violate the rights of third parties (Part 3 and 5, Art. 376 CC). In other words, the CC provides for judicial procedure for recognition of ownership of the illegally built property, if the land "backdating" was nevertheless granted under construction and under the condition that this does not affect the interests of third parties. However, at this point, you can do without a trial.

According to a new order legalizing samostroya, it is possible to legalize illegally constructed objects, bypassing the court. However, the plot in any case must be completed properly.

In addition, there may be cases when the purpose of the land does not allow construction on it. Then there is a need to change the purpose of land. These issues are dealt with changes to the Procedure purpose of land owned by citizens or legal persons approved by the Cabinet of Ministers of 11.04.2002 № 502. In particular, in paragraph 12 of this Order found that the decision of village, the local council or the relevant executive authority is the basis for registration of a citizen or a legal entity state certificate of ownership of the land with a modified target designation.

If the land issue resolved favorably or she originally was owned (used) the person who illegally granted, there is no obstacle to the application procedures established by the new order legalizing samostroya.

Legalization samostroya

As already noted, the Order establishes the procedure for legalization samostroya acceptance into operation completed construction of the individual (the garden), houses, gardens, country houses, economic (household) of buildings, additions thereto, public buildings I and II categories of difficulty (hereinafter - the objects ) constructed to 31.12.2009 without permission for the construction work, the declaration of acceptance into service which is filed before 31.12.2012. In addition, the order defines a mechanism for technical survey of building designs and engineering services.

Recall that a public house, related to I and II categories of complexity are determined in accordance with building regulations (DBN), state standards and regulations (Section 1.2 of the Procedure). In accordance with Annex "P" to DBN A.2.2-3-2004 "The composition, procedure development and approval of project documentation for construction," to the First category of classified farm and ancillary buildings for residential, garden (summer) houses and to II - 1-3-story garden apartment buildings, a 3-story buildings with apartments of block type at different levels and cottage type house for individual developers.

It should be noted that the legalization of samostroya under section 9 of the concluding provisions of the memory, "On the Regulation of Urban Planning", is free inspections of the State Architectural Construction Control on the results of technical inspection of building structures and civil engineering sites with the document certifying the ownership or land use , for 30 days from the date of application.

By itself, the introduction into service samostroya is free. However, for a technical examination will still have to pay, because it must be ordered independently from business entities that specialize in this kind of activity.

It should be noted that the price of a technical survey samostroya differ in different regions. For example, in the Kharkiv region is 7-15 USD per square meter, and in the capital - twice the size.

No penalty will not do

Note also that in any case, the commissioning samostroya have to pay a fine. It is true that a relatively small - Part 3. 96 of the Administrative Code for the construction work without permits or project is a penalty in the amount of 10 to 50 NMDG, ie, from 170 to 850 UAH.

In addition, it is necessary to note that the commissioning of the object does not mean the acquisition of title to it. Indeed, this right is subject to state registration (Article 182 CC), and according to part 9 of Art. 39 ZU "Regulation of Urban Planning", the basis for registration of ownership of property is recorded declaration of its readiness for operation. Thus, after registration of the declaration must go through the procedure of state registration of ownership of licensed samostroy.

As you can see, the process of legalization according to the current samostroya legal documents much easier than that used previously. Moreover, the commissioning of illegally constructed objects is free. In fact, we can say that the government announced an amnesty for those illegally built the estate, and gave them the opportunity to legalize samostroy a simplified scheme without trial.

Legal literacy campaign

What documents should be submitted to and

1. Report on the technical survey. Tehobsledovanie conducted by the Executive - a business entity. It includes the preparation, the preliminary examination (inspection, photographing the object to determine its level of difficulty) and a detailed survey (the definition of parameters, characteristics of materials, structures and decision on the need for laboratory tests). According to the results of the survey a report is (at least 2 copies - one for the customer, and the second is the performer).

2. Statement of Gask. After tehobsledovaniya can begin to design the adoption of the object. To do this, apply in person (or send it by registered mail) to the inspection of the State Architectural Construction Control at the location of the object the following documents: 1) a statement of acceptance of the object (this statement must also be signed by the co-owners of land, if any) 2 ) Two copies of the completed declaration of willingness to use the object, and 3) a report on the technical examination, and 4) a copy of the title documents for the land on which the facility is located, and a copy of registration certificate of the BTI. These copies must be duly authenticated.

The responsibility for the accuracy of the information contained in the submitted documents, is a customer (the applicant). The data of the declaration of readiness for operation of the object must be consistent with other documents. If the declaration is decorated with violation of the established order, this is the reason for its return to the applicant. And the return of the Declaration on other grounds is not allowed, and the reasons for return of the applicant must be notified. After the declaration of deficiencies which have led to its return, the applicant may again apply for the relevant inspection.

3. Declaration of Gask. Inspection of Gask to consider the documents within 30 days of their submission and make a decision on registration of the declaration or return. The date of the adoption of the object is the date of registration of the declaration of readiness for operation of the object. After the registration of a copy of the declaration is returned to the customer, and the second is the Inspectorate. Registered declaration is the basis for contracts to supply an object of utility services (gas, water, electricity), and in the presence of legal documents to an object entered in the operation - the basis for changes in data sheet of this object, made in the BTI.

It is necessary to note that the customer must, within 7 calendar days from the date of the object to provide a copy of the declaration to the local executive authority or local government to supply these authorities information about an object in the statistical authorities.

As for the state registration of ownership of licensed samostroy, here rules establish local governments. But the general procedure is as follows: first, the application is submitted to the executive committee, then makes its decision Architectural Commission, all of this is fixed in the decision of the Executive Committee, which also served in the BTI.

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