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Publication date: 29.08.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Changing the status of a country house to a residential one is the process of officially changing the legal status of a building to transfer it from the category of country houses to the category of residential. Your information provides a clear definition of three types of houses:
Definition of terms:
- A country house is a manor-type residential building intended for recreation, temporary stay or permanent residence during the year.
- A garden house is a building for summer (seasonal) use that does not meet the requirements for built-up area, external structures and engineering equipment established for residential buildings.
- A residential building is a capital building that meets the requirements of the law and regulatory acts and is intended for permanent residence.
These definitions help distinguish between different types of residential and country buildings according to their purpose and compliance with regulatory requirements.
Stage of document collection:
The process of transferring a country house or garden house to residential status in Ukraine involves submitting certain documents to local authorities. Here are the main stages and requirements:
- Application of the established model: Submit an application for the transfer of the house to residential status. The application can be submitted in person, through the center for the provision of administrative services, by registered letter with a description of the attachment or in electronic form through the electronic account of the user of the Unified State Electronic System in the field of construction or another state information system integrated with the electronic account.
- Document confirming the right of ownership: Provide a copy of the document confirming the right of ownership of the country house or garden house. If the ownership right is already registered in the State Register of Real Property Rights, this document is not required.
- Consent of co-owners: If there are co-owners, submit the written consent of all co-owners to transfer the house to residential status.
- Technical inspection: Submit a report on the technical inspection of the house with a conclusion on its compliance with state building regulations. The report must be signed by the contractor and created in the form of an electronic document with a registration number assigned.
These documents are submitted to the executive body of the village, settlement or city council, or to the village head (if the executive body has not been formed).
Technical inspection:
Technical inspection of a country house or garden house is an important stage in the process of its conversion to residential status. The main purpose of the technical review is as follows:
- Conformity assessment: Determination of the conformity of the actual state of the building to the new functional purpose as a residential building. This includes checking whether the building meets state building codes and requirements for residential properties.
- Recommendations for eliminating deficiencies: If deficiencies are identified during the inspection, recommendations are provided for their elimination. It is important that such recommendations should be provided without the use of special equipment for determining the characteristics of structures and without conducting investigative work.
- Execution of works: Technical inspection must be carried out on the basis of a contract concluded with a business entity that has one or more responsible executors of certain types of works (services) related to the creation of architectural objects. These performers must pass professional certification.
Such an inspection ensures compliance of the house with new requirements and standards, which is necessary for its further use as a residential object.
The process of transferring a country house or garden house to residential status
- Review of documents: Within a month from the date of receipt of the documents, the local self-government body reviews the submitted materials and makes a decision to transfer the building to residential status or to reject it.
- Notification of the owner: Within three days from the moment of the decision, the local self-government body is obliged to notify the owner: personally or through the centers for the provision of administrative services (TsNAP) in the case of submitting an application through the TSNAP. By registered letter with a description of the attachment or in electronic form through the electronic cabinet of the user of the Unified State Electronic System in the field of construction or another state information system.
- Use of the house: A positive decision on the transfer is the basis for using the house as a residential object, in particular for registering the place of residence.
These stages provide formal recognition of the house as residential and allow its further use for living.
Question
What are the grounds for refusing to change the status of the house?
Answer
If the owner has not submitted all the documents that are mandatory for consideration of the application. Detection of unreliable or false information in submitted documents. Establishing the absence of a year-round heating system or its non-compliance with state building regulations regarding heating, ventilation and air conditioning. Detection of deformations in the house that can threaten the load-bearing capacity of structures and lead to their destruction.
Question
What to do if the transfer was refused?
Answer
If the refusal occurred due to one of these reasons, the owner has the right to resubmit the documents after eliminating the specified deficiencies. Get a formal document or written explanation that specifies the specific reasons for the refusal. This will allow you to understand exactly what needs to be corrected or eliminated. After eliminating all deficiencies and receiving confirmations, submit a new package of documents to the relevant authority.
Services of a lawyer when transferring a country house to a residential status:
The online real estate lawyer consultation when transferring a country house to a residential status can be very useful. Here are the main services of a real estate lawyer:
Real estate lawyer consultation: A real estate lawyer online will help you understand the specifics of your situation and determine what documents and permits are required to transfer the house. The consultant will explain the current norms and requirements of the law regarding the transfer of a country house to a residential status.
Real estate legal advice during the preparation of documents: The ask a real estate lawyer a question will help to correctly draw up and issue all the necessary documents for submission to local self-government bodies or other responsible structures. A lawyer will help you collect all the necessary documents, check their compliance with the requirements and avoid mistakes.
Real estate consultation on the elimination of deficiencies: If the transfer is refused, the lawyer will help to find out the reasons for the refusal and will provide recommendations on eliminating the deficiencies. A lawyer real estate transactions will represent your interests when dealing with authorities, which can be helpful if problems or misunderstandings arise. The lawyer will prepare repeated documents, taking into account all the comments and shortcomings indicated in the first refusal.
Real estate lawyer assistance: A real estate attorney can provide advice on resolving the issues you are facing and help you develop a strategy to successfully transfer your home. If you believe the refusal decision is unfair, a real estate attorney can help you appeal the decision administratively or in court.
Transferring a country house to residential status in Ukraine is an important process that requires compliance with certain requirements and procedures. Legal advice on real estate transaction lawyer issues can significantly simplify the process of transferring a country house to residential status and reduce the risks of mistakes and unforeseen situations. Contact the CONSULTANT legal marketplace - we are always there to help you solve any legal problem. Leave your number and get legal help right now. Do not waste your time, our lawyers are already waiting for your call!
