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Some people still do not want to understand that arbitrary construction of buildings, even on their own land, can lead them to sad consequences. Practically any construction requires special agreement and permission from the relevant authorities. If such a permit is not in hand, representatives of the relevant authorities may arrive at any moment and impose a fine on the owner, and then demand the demolition of arbitrary structures.
As a rule, self-build always comes down to severe violations of building or sanitary standards. Therefore, the owners of such self-construction, most often, do not have any documents for such objects. If there is no legal documentation for the erected object, it means that its owner does not have the right to own it, and no operations with the arbitrarily erected object, even if desired, will be possible. In any case, even if the object was erected without a permit, you should try to legalize it as soon as possible and obtain the appropriate documentation for it.
In order to legalize self-build, it may take a lot of time and nerves. However, it is still possible to resolve the issue in a positive way, the main thing is to stock up on patience and time. The procedure is not a pleasant one, however, in a few months the owner of the self-build will finally be able to become its full owner.
How to legalize unauthorized construction, built on land owned by the owner of the building.
It will be much easier for a person who has all the documents certifying his ownership of the plot of land where there is a self-built building to legalize it. This means that the owner must have all documents and certificates of the following nature:
- Title documents for the land where the structure is erected. Simply put, a person needs to prove that the plot is his property, and not a third party's.
- It will also be necessary to take the cadastral plan of the plot, a deed with the indicated cadastral number, and a mark for which exactly purpose, a plot of land was designated.
- Similarly, the owner of the plot must have a certificate - a conclusion obtained from an expert commission, which must state that the unauthorized construction does not disturb the neighbors, that it is not capable of violating their legitimate interests, and it does not threaten their life / health. The building must be erected in compliance with all SNiP regulations.
If the owner of self-construction has all the above-mentioned documents and acts in hand, it will significantly increase the probability that self-construction will finally be legalized. In order to simplify the procedure and not deal with those issues in which the self-build owner does not understand, it is best to contact a lawyer. Because according to statistics, thanks to the work of experienced lawyers, people are able to legalize samoud without any particular problems.
Then you will need to go to the local judicial authorities and leave a statement on the recognition of arbitrary construction as legal. For this, you will need to take with you all the documents and acts confirming the ownership of the plot. After that, specialists will be sent to the place of construction of the structure, who will have to check whether the structure really meets all technical, sanitary and construction standards, and whether the structure does not violate the interests of third parties who are neighbors to the plot. It is necessary to make sure that the neighbors do not have any complaints about the building and its owner. If everything goes smoothly, the court will recognize the self-build as a legal construction, and the owner will only need to legitimize his ownership by applying to the Rosreestr for registration and further obtaining documents for the ownership of the self-build.
If the plot on which the self-build is erected is not owned by the owner of the object, it will be much more difficult to recognize the construction as one's property. If the plot belongs, for example, to the state, then the owner of the self-build will have to prove in court that it should soon become his property. For this, a written permission will be required from the body that will have to allocate this plot of land for ownership. In the same case, if the object is illegally built on the territory of the land belonging to a third private person, then the owner of the self-build will have to somehow negotiate with the owner of the land so that the part of the plot where the self-build is located becomes the property of the owner of the building. If it is not possible to do this, and the owner of the self-build will not be able to obtain documents for the land where the self-build is erected, then the court's decision on the legalization of the self-build will not be in favor of the owner. He is required to pay a fine and demolish the building.
Be that as it may, it is best to obtain land ownership in advance, then agree on a construction permit, and only after that start construction, as otherwise there may be irreversible consequences for the self-build owner in the future.
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