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How to start building without breaking the law?

How to start a construction without breaking the law.

Legislation is subject to change. Follow the changes.

Residential buildings are considered to be unauthorized construction if they are constructed or built without proper permission or duly approved project, or with significant violations of construction norms and regulations.

The person who committed or carries on the unauthorized construction of real estate does not acquire ownership of it.

Read to those who plan to build:

an individual country house, a garden or country house, which will not be higher than two floors, and has an area of ​​up to 300 square meters;
any economic building or garage.
The main law regulating construction in Ukraine is the Law "On Regulation of Urban Development"; of 17.02.2011 № 3038-VI.

According to this Law, the development of manor houses, cottages and garden plots can be carried out on the basis of a building passport.

What is a building passport?

Article 27. Building Passport for the Construction of a Land

1. The development of household, country and garden land may be carried out on the basis of a construction certificate of land plot building (hereinafter - building passport).

The building passport defines a complex of town-planning and architectural requirements for the placement and construction of an individual (suburban) dwelling house, a garden, a country house not more than two floors (without the mansard floor) with an area of ​​up to 300 square meters, household buildings and structures, garages, elements of improvement and landscaping of the land.

The construction passport consists of text and graphic materials.

If there is a zone zoning plan, the development of a building passport is carried out on its basis.

2. Designing on the basis of a building passport is carried out without obtaining city-planning conditions and restrictions.

For objects specified in part one of this article, the development of a construction project is carried out solely at the request of the customer.

3. The construction passport shall be provided by a specially authorized city planning and architecture authority on a non-refundable basis within ten working days from the date of the entry of the corresponding application and a package of documents, the list of which is determined by the central executive body on construction, urban planning and architecture.

4. The procedure for issuing and the form of a building passport shall be determined by the central executive body on construction, urban planning and architecture.

(Procedure for issuing a building passport "See Law No. 902-11)

What should I do after receiving a building passport?

It seems to be possible to start construction?

No.

Before the start of construction, you must submit to the Architectural and Construction Inspection the Declaration on the start of construction work.

Article 36. Declaration on the start of construction work

1. The right to perform preliminary works (if they have not been fulfilled earlier in accordance with the notification or registered declaration on the beginning of the preparatory works) and construction works on objects related to I, - III categories of complexity, connection of the construction site to engineering networks and structures is provided to the customer and the general contractor or contractor (in the case of construction work performed without the involvement of subcontractors) after registration of the declaration on the start of construction work.

Our comment:

Preparatory work is the work on the preparation of a land plot, the construction of the enclosure of the construction site and the demolition of buildings and structures, violation of the elements of improvement within the allocated land, research work, work on the construction of temporary industrial and domestic structures necessary for the organization and maintenance of construction, devices under "access roads, warehousing of building materials, the provision of temporary engineering networks, as well as the passing of engineering networks and the removal of green spaces.

Most of the economic buildings in your area belong to the I category of complexity, and residential buildings to category II.

2. Registration of the declaration on the start of construction works shall be carried out by the corresponding inspection of the state architectural-building control on a non-refundable basis within five working days from the day of the declaration's entry.

Perform construction works to connect the construction object to engineering networks and structures without registration of the said declaration is prohibited.

3. The form of the declaration on the commencement of construction works, the procedure for its submission and registration, and the form for the notification of the change of data in the registered declaration shall be determined by the Cabinet of Ministers of Ukraine.

4. Inspections of state architectural and construction control refuse to register a declaration on the beginning of construction work, if the declaration is filed or executed in violation of the established requirements.

A decision to refuse registration of a declaration on the commencement of construction work shall be taken within the period prescribed for the registration of the declaration.

5. If the State Architectural and Construction Inspection Inspection has not registered a declaration on the commencement of construction work or has not made a decision to refuse its registration in the period established by this Article, the right to perform construction works shall arise on the eleventh business day from the day the declaration is made. be registered, and the decision to refuse - is accepted.

In this case, the declaration is considered to be registered.

What's next?

According to P7. The Customer is obliged to inform in writing the executive body of the village, settlement, city council or local state administration of the place of construction of the site about the beginning of execution within seven calendar days from the date of registration of the declaration on the beginning of construction work execution or from the day of acquisition of the right to perform construction work. construction work.

8. The customer is responsible for the completeness and reliability of the data specified in the submitted declaration on the commencement of construction work, and the execution of construction works without a registered declaration.

Pay attention!

9. Execution of construction work without an appropriate document which grants the right to perform such works is considered to be unauthorized construction and entails liability in accordance with the law.

What is punishment?

For violation of the construction rules, the finest penalties are the smallest penalties.

The size of fines is determined by the Code of Ukraine on Administrative Offenses and the Law on the Regulation of Urban Development.

Fines:

1. Art. 96. Violation of requirements of legislation, construction norms, state standards and rules during construction (Code of Ukraine on Administrative Offenses).

Violation of the requirements of legislation, construction norms, state standards and rules and approved design decisions for new construction, reconstruction, restoration, overhaul of objects or structures - imposes a fine on citizens from ten to fifty non-taxable minimum incomes of citizens and officials - from fifty to one hundred tax-free minimum incomes ...

The actions provided for in the first part of this article, a perfect person, who during the year was subject to administrative punishment for the same violations, - impose a fine on citizens from fifty to one hundred tax-free minimum incomes of citizens ...

Execution of preparatory work for the construction of a cottage without notice of the beginning of the specified works in cases where the directions of such notification is mandatory, as well as the indication of inaccurate data in the notice on the beginning of the preparatory work - impose a fine of 100 to 100 fiscal minima incomes of citizens ...

The article states that the execution of construction works without registration of a declaration on the start of the specified works, as well as the presentation of inaccurate data in such a declaration, made in relation to:

Objects of category I complexity (garages, sheds, greenhouses ...) - impose a fine of three hundred and fifty to four hundred non-taxable minimum incomes of citizens.
Objects of category II complexity, (as mentioned above are residential buildings) - result in the imposition of a fine of four hundred to five hundred non-taxable minimum incomes of citizens.
and so on ...

Warning! Worse than punishment, see Footnote:

Law on the regulation of urban development activities

Article 38. Demolition of unauthorized objects of urban development

1. If the fact of unauthorized construction of an object is discovered, the reorganization of which in order to eliminate a significant deviation from the project or eliminate violations of the legitimate rights and interests of other persons, a significant violation of building codes is impossible, the official of the relevant inspection of state architectural and construction control issues to the person who carried out (carries out) such construction, the requirement to eliminate violations of the requirements of legislation in the field of urban development activities, construction norms, state standards and rules with the definition of the term for voluntary implementation of the prescription.

In the event that a person voluntarily failed to comply with the requirements established in the prescription, the State Architectural and Construction Inspection Inspectorate filed a lawsuit against the arbitrary depreciation of the object and compensation for the costs associated with such depreciation.

2. By a court decision, an unauthorized construction of an object is subject to depreciation, with the compensation of expenses related to the demolition of the object, at the expense of the person who has carried out (carries out) such unauthorized construction.

The contractor for the demolition of the specified object is the inspection of the state architectural and building control, under whose suit the corresponding court decision was made.

Article 39. Acceptance of objects completed by construction

1. The acceptance into operation of completed objects of the I-III categories of complexes and objects whose construction was carried out on the basis of a building passport shall be carried out by registration by the appropriate inspection of the state architectural and construction control on a non-payment basis of the declaration of the customer submitted by the customer. readiness of the object for exploitation.

Article about putting into operation here.

The form of the declaration on the readiness of the facility for operation, the procedure for its submission and registration are determined by the Cabinet of Ministers of Ukraine (Law No. 461-2011-p).

Look more closely at the legislative acts of Ukraine.

Or contact us and help you deal with the intricacies of legislation.

Read more articles about building your home here.

ELENA KAZAKEVICH
ELENA KAZAKEVICH
Legalization Consultant

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