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Ukraine / Rivne
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Publication date: 24.04.2024
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Publication date: 24.04.2024
- Unauthorized construction is a global issue that can be observed both in developed countries and those with lower levels of economic development. It arises from various factors, such as insufficient financial resources and bureaucratic obstacles in obtaining construction permits.
- Let’s delve deeper into unauthorized construction in Ukraine.
- What constitutes unauthorized construction? Residential buildings, structures, or other immovable property are considered unauthorized construction if:
- They are built or being constructed on land that was not designated for this purpose.
- They are erected without the necessary documentation granting the right to carry out construction work or an approved project.
- They exhibit significant violations of building norms and regulations.
- Who can acquire ownership rights to unauthorized construction? An individual who engages in unauthorized construction does not acquire ownership rights to the property they have built. However, if a land plot is provided to an individual under existing unauthorized construction, the court may recognize ownership rights to the property for that person. This recognition occurs if it does not infringe upon the rights of others. In such cases, the builder of the unauthorized construction has the right to seek compensation for the construction costs.
- Actions by the landowner to protect their property rights on the plot with unauthorized construction: The landowner (or user) can protect their ownership rights to the plot with unauthorized construction by refusing to recognize ownership rights to the immovable property for the person who carried out (or is carrying out) the construction. If this action violates the rights of others, the landowner may demand the demolition of the unauthorized structure at the expense of the person responsible.
- Actions by state authorities or local self-government bodies to protect public interests or the rights of others in cases of unauthorized construction: In cases of significant deviation from the approved project, which jeopardizes public interests or the rights of others, the court may decide, upon the claim of the relevant state authority or local self-government body, to oblige the person responsible for the unauthorized construction to carry out necessary modifications. If modification is impossible or refused, the court may decide on the demolition of the structure at the expense of the person who carried out (or is carrying out) the construction. In such cases, the builder of the unauthorized construction is obligated to cover all costs associated with restoring the land plot to its previous state.
- Responsibility for unauthorized construction in Ukraine: In Ukraine, responsibility for unauthorized construction is regulated both by criminal and administrative legislation. According to the Criminal Code of Ukraine, unauthorized construction can have criminal consequences. Article 197-1 of the Criminal Code addresses the responsibility for unauthorized occupation of land or unauthorized construction on such land. Unauthorized construction of buildings and structures on land occupied without proper authorization may result in fines, restriction of liberty, or imprisonment for one to three years.
- Administrative Responsibility: Unauthorized Construction in Ukraine”
- According to the Code of Ukraine on Administrative Offenses, unauthorized construction can also result in administrative penalties. These penalties may include fines and requirements for rectifying violations, as specified in inspectors’ orders.
- Therefore, responsibility for unauthorized construction can have both criminal and administrative consequences, depending on the circumstances and the nature of the violations.
- Challenges Arising from Unauthorized Construction:
- Unauthorized construction poses complex challenges that require attention and resolution.
- The legal service “Consultant” is ready to provide legal assistance to those who have engaged in unauthorized construction and to landowners where such building violations have occurred.
- We can assist in the following aspects:
- Legalization of Unauthorized Construction: Our legal experts can help you understand the possibilities for legalizing unauthorized structures according to current legislation. We will conduct a legal analysis of the situation and provide a legal opinion. In addition, we can provide consultation and a analysis of the situation by a lawyer with a legal opinion of a lawyer regarding the procedure and requirements for the legalization of construction.
- Protection of Landowners’ Rights: We support landowners in seeking remedies for violations and protecting their property rights. Our legal team can guide you through the process of demanding the removal of unauthorized structures. Clear legal advice and a well-defined action plan will help achieve your desired goals.
- Collaboration with Government Authorities: We can represent your interests before government authorities to safeguard societal interests. Our team is prepared to address issues related to unauthorized construction, considering legal aspects and the interests of all parties involved.
- Feel free to reach out to us for consultation and support in resolving these matters. We will take into account the lawyer's opinion and work on finding a compromise that will take into account the interests of everyone.
