The question of demolishing buildings on one’s own land often raises many questions for property owners regarding the need to obtain permits. According to the Resolution of the Cabinet of Ministers of Ukraine No. 406 dated June 7, 2017, there is a list of construction works for which no permits are required, and objects after the completion of such works do not need to be put into operation.
This is reported by Finway
Demolition of Buildings: When is a Permit Required
Experts from the Free Legal Aid explain that the demolition and dismantling of buildings and structures that are not preparatory works, do not involve further construction, and do not affect the operational suitability of other objects do not require a separate permit. At the same time, the owner must strictly adhere to safety rules and respect the rights of neighbors—ensuring that construction debris or fragments do not enter adjacent properties and avoiding damage to others’ buildings.
Features of Preparatory and Construction Works
If we are talking about preparatory or construction works, it is necessary to act in accordance with the approved Procedure for Performing Preparatory and Construction Works (Resolution of the Cabinet of Ministers of Ukraine dated April 13, 2011, No. 466). In this case, it is necessary to notify the state architectural and construction control authority about the start of preparatory works in accordance with Article 7 of the Law of Ukraine “On Regulation of Urban Development Activities.” Documents for carrying out such works must be submitted in person through the administrative services center, through the electronic cabinet of the Unified State Web Portal of Electronic Services, or sent by registered mail with a description of the attachment to the relevant center.
Regarding construction on household, garden, or summer cottage plots, the List of Works that Do Not Require Permits (Article 6) includes the erection of temporary structures without foundations: canopies, gazebos, tents, coverings, stairs, ramps, outdoor showers, greenhouses, garages, wells, pits, fences, swimming pools (with or without coverings), cellars, gates, wickets, terraces, porches, etc. For all other objects, it is necessary to obtain permits.
“The owner of the land plot should remember about safety measures and the observance of the rights of owners of neighboring land plots—ensuring that construction debris, fragments of the demolished structure, and other items do not enter neighboring plots and do not damage buildings on adjacent properties.”
Illegal Construction: What is Important to Know
Illegal construction includes residential buildings, structures, and other real estate if they are:
- erected on a land plot that has not been properly allocated for such construction;
- built without the necessary permits or an approved project;
- constructed with significant violations of building norms and regulations.
In the case of illegal construction, the owner will not be able to register ownership of such an object until it is legalized. If the rights of other individuals are violated in the process, the structure is subject to demolition by the owner or at their expense.
The following do not fall under illegal construction:
- temporary structures on household, summer, or garden plots (canopies, gazebos, greenhouses, garages, summer kitchens, etc.);
- objects built before August 5, 1992;
- changes in the designation of economic buildings;
- the installation or closure of openings in internal non-capital walls;
- the merging of a kitchen and a living room into a kitchen-dining room, creating an attic within the roof space.