There is a privatized garden, do you want to build a residential building on it, how ...?

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... is it right and legal to do this?

19.04.2023 17:02 605

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Photo of sikorsky.y.o Yaroslav Sikorsky

In accordance with Part 2 of Article 36 of the Land Code, the construction of capital buildings and structures is not allowed on land plots provided for horticulture.

In order to do this, it is necessary to change the purpose of the land plot.

The procedure for changing the purpose of the site:

  1. It is necessary to submit an application to the village, settlement or city council (if the plot is located in a settlement) or to the regional state administration, in which it is necessary to indicate the justification for the need to change the designation of the plot, as well as attach a copy of the state deed on ownership, a copy of the passport (for individuals ), a copy of the certificate of state registration and statute (for legal entities) and documents relating to restrictions on the use of the plot and easements, as well as the size of the plot.

  2. If the application to change the purpose of the plot is approved, the local authority will grant permission to create a project for the allocation of the land plot, which will be prepared by the state land management organization at the request of the plot owner. The terms and conditions of the project will be determined by the contract.

  3. In order for the site diversion project to be implemented, it must be coordinated with various bodies and services. In particular, it is necessary to obtain consent from the land resources department of the local authority, the environmental protection department, the sanitary-epidemiological service, the urban planning and architecture department.

  4. After agreement, the project is subject to state land management expertise, and after its completion, it is submitted for consideration by the local council (district state administration).

  5. Issuance of a new document certifying ownership of the land plot.

In the future, it remains to obtain construction permits.

09.05.2023 16:09

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