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Legal regulation of construction and real estate in Ukraine

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 08.06.2024

Legal regulation of construction and real estate in Ukraine

 

Introduction

 

Construction and real estate are among the key sectors of Ukraine's economy that require clear legal regulation. Ukraine has an extensive system of regulations governing all stages of the construction process: from planning and design to commissioning and subsequent management. In this article, we will review the main legal aspects of construction and real estate regulation in Ukraine.

 

Legal framework

 

The Law of Ukraine "On Regulation of Urban Development":

  • The main regulatory act that defines the legal and organizational framework for urban development activities, sets requirements for the design, construction and commissioning of facilities.

 

The Land Code of Ukraine:

  • Regulates the provision of land plots for construction, their use and protection.

 

The Civil Code of Ukraine:

  • Defines the legal basis for the ownership, use and disposal of real estate, and regulates contracts of sale, lease and other real estate transactions.

 

The Law of Ukraine "On Architectural Activity":

  • Regulates issues related to architectural activities, the rights and obligations of architects, and requirements for project documentation.

 

The Law of Ukraine "On State Registration of Real Property Rights and Encumbrances":

  • Establishes the procedure for registration of property rights and other real rights to real estate.

 

The main stages of construction

 

Planning and design:

  • The first stage of construction includes the development of urban planning documentation, obtaining urban planning conditions and restrictions, as well as the development of project documentation to be examined.You may be interested in the following articles: lawyer consultation ,lawyer consultation ,analysis written consultation, verification of documents by a lawyer, lawyers documents help legal opinion ,legal opinion of a lawyer lawyer online consultation lawyer consultation lawyer help lawyer online 

 

Obtaining permits:

  • In order to carry out construction, it is necessary to obtain a construction permit issued by the relevant state architectural and construction control authorities.

 

Construction:

  • At this stage, construction and installation works are carried out in accordance with the approved design documentation and the requirements of state building codes.

 

Commissioning:

  • Upon completion of construction, the facility is subject to commissioning. For this purpose, a certificate of readiness for operation is drawn up and approved by the relevant authorities.

 

State registration of real estate rights:

  • After the facility is put into operation, it is necessary to carry out state registration of ownership rights to real estate.

 

Peculiarities of legal regulation

 

Land lease for construction:

  • Land plots may be leased for construction by both the state and private owners. The lessee is obliged to comply with the terms of the lease agreement, including the intended use of the land plot.

 

Protection of cultural heritage:

  • Construction in cultural heritage protection zones requires additional approvals and permits from the cultural heritage protection authorities.

 

Environmental requirements:

  • Construction must comply with environmental norms and standards, including environmental impact assessments for objects of high environmental hazard.
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