Owners of unauthorized constructions risk ending up with nothing: selling or inheriting is impossible, and compensation under “eRecovery” is not provided

It is very common that people live for years in their house or have a garden plot with a building on it, pay utility bills, but legally such an object may not exist. Then people face many questions and problems regarding the resolution and legal registration.

This issue is especially relevant now, when during the war it is necessary to arrange housing compensation for damaged property, but the right to it may not exist due to lack of documents. Problems can also arise during the sale of real estate, inheritance registration, and more.

In the article by "Judicial-Legal Newspaper", we analyze in detail when an unauthorized construction can be legalized through a simplified procedure, when the construction amnesty applies, and in which cases a much more complicated path must be taken.

What is unauthorized construction

The concept of unauthorized construction is defined by Article 376 of the Civil Code of Ukraine. A building is considered unauthorized if it was constructed under at least one of the following conditions:

• on a land plot not allocated for this purpose;
• without a document granting the right to perform construction works;
• without an approved project if it was mandatory;
• with significant violations of state construction norms.

Unauthorized construction is not only residential houses. This term often includes garages, additional floors, various outbuildings, summer kitchens that owners built without proper documentation.

Why you should not leave unauthorized construction "as is"

While a person simply lives in their house, the absence of documents may not cause issues for years. That is why many owners postpone legalizing their property, thinking the problem does not concern them. In reality, difficulties arise when the house needs to be officially disposed of.

First of all, the owner does not acquire ownership rights to unauthorized construction. This is explicitly stated in Article 376 of the Civil Code of Ukraine. As a result, a person may face problems when registering inheritance, selling, or if the property is damaged due to shelling.

It is no exception if the unauthorized construction is part of an already registered house. This can also affect the outcome of transactions.

Another common problem is connecting utilities. To officially connect a house to gas, electricity, or water networks, operators usually require documents for the real estate object.

Today, one of the important factors is obtaining state compensation for property destroyed by shelling. Without official documents, receiving such compensation under the “eRecovery” program is practically impossible.

It is also important to remember that violations of urban planning legislation entail responsibility. Under certain circumstances, the State Architectural and Urban Planning Inspection of Ukraine (SAUPI) may impose penalties, and in exceptional cases, the matter may go to court, which has the right to order the demolition of unauthorized construction at the owner’s expense.

Ways to legalize unauthorized construction

Many look for a universal instruction, but in fact, there is none. The procedure primarily depends on when the object was built. Specialists conventionally divide unauthorized construction into three categories.

The first – houses built before August 5, 1992. The second – objects built between August 5, 1992, and April 9, 2015. For these, the legislation provides a mechanism called construction amnesty. The third – buildings erected after April 9, 2015. For such objects, the law does not establish a simplified legalization mechanism, so each case must be analyzed individually.

Therefore, one of the first steps is to determine the year of construction completion, as this affects the further course of action.

If the house was built before August 5, 1992

This category of owners is in the most advantageous position. Houses built before August 5, 1992 are not required by law to be commissioned. In this case, owners do not need to undergo the modern procedure of commissioning the object. Instead, it is necessary to confirm two things: that the house was indeed built before the specified date and that it has legal grounds to use the land plot.

After that, a technical passport is prepared, and based on it, the ownership right can be registered in the State Register of Property Rights. It is also important to note that the law does not set any restrictions on the area of such houses.

Construction amnesty: when it applies

Most often, owners of unauthorized constructions are interested in the so-called construction amnesty. However, not everyone can use it. The simplified mechanism is provided by paragraph 9 of section V "Final Provisions" of the Law of Ukraine "On Regulation of Urban Development Activities" No. 3038-VI, and the detailed procedure is defined by the order of the Ministry of Communities and Territories Development of Ukraine No. 158 dated July 3, 2018.

It concerns buildings erected without permits in the period from August 5, 1992, to April 9, 2015. If the object meets the legal requirements, it can be legalized through a much simpler procedure.

Construction amnesty is most often applied to:

• outbuildings and structures up to 500 square meters;
• residential, garden, or summer houses with a total area up to 500 square meters;
• certain agricultural buildings built before March 12, 2011.

At the same time, there are several mandatory conditions. The object must belong to consequence class CC1 (minor consequences), and the land plot’s designated purpose must correspond to what is built on it. The owner must also have documents confirming ownership or land use rights.

First, a technical inventory and preparation of a technical passport are required. In some cases, a technical inspection of the building is needed. Then a declaration of readiness for operation is submitted, and only after that is ownership registered.

If all construction amnesty requirements are met, no fines for unauthorized construction are applied. That is why this mechanism is considered the most beneficial for owners of houses built many years ago without necessary documents.

Unauthorized construction after April 9, 2015: no ready "amnesty" anymore

For owners of houses built after April 9, 2015, the law does not provide a separate simplified legalization procedure. That is, it is no longer possible to use the "construction amnesty" as for older buildings.

Everything depends on when construction was completed, whether the house meets urban planning requirements, what documents exist, the land plot’s designated purpose, and whether identified violations can be corrected without demolishing the building.

In some cases, the problem can be resolved administratively. In others, it is necessary to go to court.

What documents need to be prepared

There is no single list of documents. First, an initial consultation is needed. In each case, everything depends on the year of construction and the type of object.

Usually, at the beginning, you will need to provide information about the area and construction works performed, approximate year of construction, documents for the land plot if available, and several photos of the house or other object.

After that, it becomes clear which legalization path is possible in your case.

Can you be fined for unauthorized construction

Responsibility depends on the specific violation, who owns the object (individual or legal entity), and which legal norms were violated.

Administrative liability is provided, in particular, by Article 96 of the Code of Ukraine on Administrative Offenses, which concerns violations of urban development legislation. Also, within its powers, the State Architectural and Urban Planning Inspection of Ukraine (SAUPI) may impose certain fines.

One of the most serious consequences is a court decision ordering the demolition of the unauthorized construction. Such cases are rare but legally possible.

Therefore, if you are still wondering whether to legalize unauthorized construction now – it is not worth postponing. While the house or other building lacks proper documents, its owner is effectively limited in fully managing their real estate. Any inheritance registration, sale, donation, or even obtaining compensation for damaged housing can become a lengthy and complicated process.

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