According to the legislation, unauthorized construction is a residential house, building, structure or other real estate that is built or is being built:
- on a land plot not allocated for this purpose;
- without an appropriate document that gives the right to carry out construction works or a duly approved project;
- with significant violations of building rules and regulations.
VigoLex offers to consider how you can register the rights to an unauthorized construction object.
Why do you need to register these rights in general?
The answer is simple – in order to be able to dispose of the unauthorized construction object. According to the legislation, the very fact of such an object construction does not give you the ownership rights to it. Therefore, if necessary, you cannot:
- sell such an object;
- inherit it;
- lay communications (gas, electricity, water) to the object;
- register privileges to the object, for example – a subsidy, etc.
What is the procedure for such rights registration?
According to the legislation, you can register the rights to an unauthorized construction object, which:
- is built on the plot in accordance with its end use;
- does not have permissive documents;
- was built within the period from 05.08.1992 till 09.04.2015 and the area of which does not exceed 300 square meters;
- is an economic facility, which was built from 05.08.1992 till 09.04.2015 with the area of up to 300 square meters;
- is an agricultural facility, which was built before 12.03.2011.
Before starting the registration, you should order a technical survey of this object with the report preparation.
Stage No. 1 – after that you need to submit the following documents to the State Architectural and Construction Inspection:
- the application for the object commissioning;
- one copy of the completed declaration of the object readiness for operation;
- the certified copy of a document that confirms the ownership or use of the land plot on which the object is located;
- the certified copy of the technical passport with a note on the possibility of location and reliable and safe operation of the object;
- the letter/certificate of compliance of the object site with the requirements of the State Building Regulations.
The documents consideration takes 10 working days.
Stage No. 2 – you need to contact the local authority – the village council, city council, etc. – for the assignment of a postal address to the object. To do this, you will need to submit:
- the application in any form;
- the certified copy of a document that certifies the ownership of the land plot;
- the copy of the declaration of the object readiness for operation;
- the copy of the technical passport of the object.
Stage No. 3 – contact a notary or CNAP for registration of ownership of the unauthorized construction object.
Are there other options for such rights registration?
Yes, they are.
Option 1 – go to the court. You can go to the court with the claim for the recognition of ownership of the unauthorized construction object. However, this should only be done if:
- before that you have already applied to the competent authority in the established order;
- there are evidences that there is already a dispute between you and this authority on the ownership of this object.
Option 2 – contact the commission on unauthorized construction. Such commissions operate in some territorial communities. In this case, you need to contact such a commission with the relevant application and attach to it:
- the technical conclusion on the compliance of an unauthorized construction object with the construction, environmental protection, fire and other norms stipulated by the legislation;and
- the notarized statement of the developer’s obligation to bear all costs and risks associated with the registration of unauthorized construction.
VigoLex team will be happy to provide you with legal assistance and help you register the ownership of your unauthorized construction object.