The
bill (Reg. No.7279) presents a new version of clause 376 "Unauthorized
Construction" of the Civil Code of Ukraine.
Namely: "1. Housing dwellings and other real estate facilities are considered as unauthorized buildings if they were built or are being built on the land plots that have not been allotted for this purpose, or without a permit or a duly adopted project, or with considerable violation of the construction norms and standards.
2. A person responsible for an authorized construction of a real estate facility does not obtain a right of ownership to it.
3. On demand of the owner (user) of a land plot (except land plots indicated in the paragraph 2 of this part) the court may grant the right of ownership on a real estate facility counstructed without authorization, provided it does not infringe upon the rights of other persons, and the allotment of the real estate facility meets the purpose of the land plot.
If the re-construction is impossible or a constructor refuses re-construction, the real estate facility shall be pulled down at the expense of the constructor without authorization. The constructor shall cover expenses for the recovery of the land plot.
The bill "settles the issue of unauthorized construction on state-owned land, as its implementation imposes supervision over the land development in Ukraine."