Unauthorized Construction in Ukraine: Which Objects Are Considered "Samobud" and How to Legalize Them

Owners of houses, cottages, apartments, and land plots often face situations where, during the registration of ownership rights, sale of real estate, or inheritance, it turns out that part of the object may be considered unauthorized construction. This concerns not only newly built houses but also extensions, reconstructions, or changes in premises made without proper documentation. At the same time, not every remodeling or utility structure is automatically considered "samobud". The legislation clearly defines which objects belong to unauthorized construction and provides various mechanisms for their legalization depending on the time of construction and the characteristics of the property.

What is unauthorized construction

According to Article 376 of the Civil Code of Ukraine, unauthorized construction is a real estate object that:

• is built on a land plot not allocated for this purpose;
• is built without the appropriate permit document authorizing construction works;
• is built with significant violations of building codes and regulations.

Does ownership right arise for "samobud"

It is important to consider that a person who carried out unauthorized construction does not automatically acquire ownership rights to such an object.

For full disposal of the property — sale, gift, inheritance, or other transactions — the object must be legalized in accordance with the procedure established by law.

Which objects are not considered unauthorized construction

The legislation provides a number of cases when the performed works do not belong to unauthorized construction.

In particular, the following are not considered "samobud":

• apartment remodeling using corridor or auxiliary space without interfering with the building’s load-bearing structures;
• erection of temporary structures on a land plot, including canopies, gazebos, arbors, greenhouses, open pools, etc.;
• replacement of wall materials, roofing, and other structural elements of a building without increasing the foundation size and without changing the building’s intended purpose, if such works aim to improve its appearance;
• installation or dismantling of built-in furniture, including wardrobes, mezzanines, and pantries.

How to legalize unauthorized construction

The procedure for legalizing unauthorized construction depends on when the object was built and its area.

Objects built before August 5, 1992

Residential, cottage, and garden houses, as well as utility buildings, structures, and extensions to them built before August 5, 1992:

• are not subject to commissioning;
• ownership rights to such objects can be registered immediately based on technical inventory and land plot documents.

Construction amnesty for objects built from August 5, 1992, to April 9, 2015

Residential, cottage, and garden houses with a total area of up to 500 sq. m, built between August 5, 1992, and April 9, 2015, can be legalized through a simplified procedure known as "construction amnesty".

This mechanism allows putting the object into operation without obtaining a permit for construction works.

How to register a house built after April 9, 2015

Residential, cottage, and garden houses with a total area of up to 500 sq. m, built after April 9, 2015, must be legalized through the general procedure.

In this case, it is necessary to:

• obtain a construction passport;
• register the right to perform construction works;
• commission the object;
• register ownership rights to the real estate.

What property owners need to know

The presence of a house, extension, or reconstruction without proper documentation can create problems during the sale of property, inheritance registration, or state registration of rights. Therefore, before carrying out any transactions with real estate, it is worth checking whether the object complies with legal requirements and does not have signs of unauthorized construction. If such signs are detected, the owner should undergo the legalization procedure provided for the respective category of objects.

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