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What will happen to those who still did not manage to commission their property for operation?
It is important for everyone to understand that it is necessary to properly organize the documentation and commission their houses for operation. This applies to absolutely all residents of our country. Otherwise, property tax will have to be paid at an increased rate of 3%.
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What should be done if the house was built with deviations from the project or without a project at all? People live there without commissioning it for operation — what should they do in this case?
The owner must order a specialist to make changes to the existing house project or create a new house project, and then commission the house for operation. Everything that was built but not included in the project is considered a violation.
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What changes in a construction project can be legalized?
If the existing changes in the house project do not contradict the norms of the current construction legislation, they can be legalized by introducing them into the project. If they do contradict the regulations, everything can become much more complicated. For example, the new Law changed the distances from a house to the boundaries of neighboring plots (it used to be 3 meters, now it is 4 meters).
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And what if the owner of a house that has not been commissioned for operation received the building permit under the old regulations, when the distance from the house to the plot boundary was three meters, and now it has become 4 meters? Is it necessary to obtain permission from the neighbor for this 3-meter distance?
If the house was built without violating the project, then when the house is commissioned for operation, the inspector relies on the provisions of the law that were in force at the time the project was approved. In this case, obtaining the neighbor’s consent is not required. However, if there are violations in the project, changes will have to be made and the neighbor’s consent for the 3-meter distance will have to be obtained.
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If, for example, after the house was commissioned for operation, a veranda was added to the house... Does it need to be legalized?
The veranda will definitely also have to be legalized. After all, a veranda (or any extension) increases the area of the house, which means that the property tax must also increase.
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And what if, for example, the owner decided to reduce the area of the house and not build, for example, the second floor. How can such a house be commissioned for operation?
In this case, the house can be commissioned for operation after making changes to the house project by excluding the second floor from it. A smaller house area also means a lower property tax.
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Are there any important points that we have not yet discussed?
Of course, it is important to know:
▪ if you have low-income or needy status, then after your real estate property is commissioned for operation, this status will be cancelled;
▪ the validity period of a building permit is 8 years from the date of its issuance;
▪ these rules apply to all real estate objects (houses, sheds, garages, garden houses, etc.);
▪ if the building was constructed a long time ago and there are no documents, it is necessary to check for permits in the archive of the construction authority. The technical condition of the building should also be checked by ordering an assessment from a specialist (engineer or architect);
▪ if commissioning for operation is not possible for objective reasons, it is possible to extend the validity period of the building permit.
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Will a house without interior finishing or doors between rooms be accepted for commissioning for operation?
In order to commission a house for operation, all construction works must be completed and all utilities must be connected. In a residential house, the finishing of the kitchen, bathroom, and at least one room must be completed. In addition, the area facing the street must be landscaped.
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If there is no heating in the house, can it be commissioned for operation?
No. Heating must be installed.
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If the building permit was obtained 10–20 years ago and its validity period has already expired, is it necessary to obtain a new permit?
If the house was built without violations, it may be accepted for commissioning for operation without additional permits.
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If an unfinished house was purchased, and the previous owner had obtained a building permit. The new owner completed the construction... What problems may arise with commissioning for operation?
If the owner of the property changes, the building permit number does not change, and the house can be commissioned for operation on the basis of the existing documents.
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If nobody lives in the house, does it still need to be commissioned for operation?
Absolutely. Otherwise, an increased property tax will have to be paid until the house is commissioned for operation.
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What if the owner cannot complete the construction of the house and commission it for operation due to financial reasons?
The owner’s financial problems do not affect their obligation to commission the house for operation. Otherwise, an increased property tax will have to be paid.
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If a plot of land was purchased, but despite the approved project and building permit, nothing was built. Is it necessary to commission an unbuilt house for operation?
When purchasing land, nobody is obliged to build anything on it; it is sufficient to keep the plot in proper condition. However, if construction has begun, for example, if the foundation has been poured, then the construction must be completed and the house commissioned for operation within the established time limits.
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And what if a person received a building permit but later decided not to build?
In this case, they must submit an application to the Construction Authority, and the building permit will be cancelled.
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And what if the house has already been built without a building permit and without a project?
A constructed house can and should be legalized, so that it will not have to be demolished. Legalization includes preparing the house project, obtaining a building permit, and commissioning the house for operation.
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Will there be a penalty for illegal construction in this case?
Of course, there will be a penalty. Then an administrative case will be initiated and a fine imposed. After that, the issues of project approval, issuance of the building permit, and commissioning for operation will be resolved. However, if the illegal construction was started by one owner and completed by another, the new owner of the building will not be fined. Nevertheless, all documents will still have to be properly prepared by the new owner.
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What expenses can a person expect when deciding to commission a house for operation?
It will be necessary to spend money on the services of specialists who organize the documentation, especially if there were violations in the project. It is also necessary to monitor the accuracy of filling out all the required documents. This can be quite complicated if you have never dealt with this before and simply do not know what to do. In this case, the most reasonable solution is to обратиться to professionals who will help you correctly prepare the documents and commission your real estate property for operation.
