Legalization of unauthorized construction

Some people don't want to realize that unauthorized construction of buildings, even on their own land, can lead to unfortunate consequences. Almost any construction requires special approval and permission from the relevant authorities. If you do not have such a permit in hand, representatives of the relevant authorities may one day come and impose a fine on the owner, and then demand that the unauthorized construction be demolished.

As a rule, unauthorized construction is always built with severe violations of construction or sanitary standards. Therefore, the owners of such unauthorized construction often do not have any documents for such facilities. If there is no title documentation for the constructed object, it means that its owner has no ownership right to it, and no transactions with the unauthorized object, even if desired, can be performed. In any case, even if the object was built without permission, it should be legalized as soon as possible and the relevant documentation should be obtained.

It may take a lot of time and nerves to legalize an unauthorized construction. Nevertheless, it is still possible to resolve the issue in a positive way, the main thing is to be patient and have time. The procedure is not a pleasant one, but in a few months the owner of the unauthorized construction will finally be able to become its full owner.

How to legalize unauthorized construction on land owned by the owner of the building.

It will be much easier to legalize unauthorized construction for a person who has all the documents certifying his or her ownership of the land where the unauthorized construction is located. This means that the owner must have all the following documents and certificates:

• Title documents to the land where the structure was built. Simply put, a person needs to prove that the land is his or her property and does not belong to a third party.
• It will also be necessary to take a cadastral plan of the plot, an act with the specified cadastral number, and a note on the purpose for which the land plot was intended from the BTI.
• The owner of the land plot must also have an act - an opinion obtained from an expert commission, which must state that the unauthorized construction does not interfere with the neighbors, that it is not capable of violating their legitimate interests, and that it does not threaten their life/health. The building must be erected in compliance with all DBN standards.

If the owner of the unauthorized construction has all of the above documents and acts in hand, this will significantly increase the likelihood that the unauthorized construction will finally be legalized. To simplify the procedure and avoid dealing with issues that the owner of the unauthorized construction does not understand, it is best to consult a lawyer. According to statistics, thanks to the work of experienced lawyers, people manage to legalize unauthorized construction without any problems.

Next, you will need to go to the local judicial authorities and file an application to recognize the unauthorized construction as legal. To do this, you will need to bring all the documents and acts confirming the ownership of the land plot. After that, specialists will be sent to the construction site to check whether the building actually meets all technical, sanitary and construction standards, and whether the building does not violate the interests of third parties who are neighbors of the site. You need to make sure that the neighbors have no complaints about the construction and its owner. If everything goes smoothly, the court will recognize the unauthorized construction as legal, and the owner will only need to legalize his ownership by applying to the state register for registration and subsequent receipt of documents for the ownership of the unauthorized construction.

If the land plot on which the unauthorized construction was built is not owned by the owner of the facility, it will be much more difficult to recognize the construction as his or her property. If, for example, the land plot belongs to the state, the owner of the unauthorized construction will have to prove in court that it should soon become his property. This will require a written permission from the authority that will have to allocate the land to the owner. In the same case, if the facility is illegally built on land owned by a third party, the owner of the unauthorized construction will have to somehow negotiate with the land owner to transfer the part of the plot where the unauthorized construction is located to the owner of the building. If this is not possible, and the owner of the unauthorized construction cannot obtain documents for the land where the unauthorized construction was built, the court decision to legalize the unauthorized construction will not be in favor of the owner. He or she will be obliged to pay a fine and demolish the structure.

Nevertheless, it is best to register the land in advance, then agree on a construction permit, and only then start construction, as otherwise there may be irreversible consequences for the owner of the unauthorized construction.

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