On August 31, 2018, the Order of the Ministry for Regional Development No. 158 dated 03.07.2018 entered into force:
“On the approval of the Procedure for technical inspection and commissioning of individual (homestead) residential buildings, garden and summer houses, auxiliary (subsidiary) buildings and structures, and agricultural buildings and structures classified as low-consequence (CC1) objects, constructed on land plots with appropriate designated purpose without a construction permit.”
(This is the so-called Building Amnesty.)
The Building Amnesty is a simplified procedure for commissioning, in particular, individual (homestead) residential buildings, garden and summer houses with a total area of up to 500 square meters, as well as household (subsidiary) buildings and structures with a total area of up to 500 square meters, constructed (without proper permits) between August 5, 1992 and April 9, 2015, provided they are built on land plots with the appropriate land use designation.
📌 Commissioning a house under the building amnesty does not require obtaining a building passport, development intent scheme, and/or construction start permit.
Previous building amnesties: Over the past 14 years, there were two more building amnesties:
- First — was in effect from July 25, 2011 to January 30, 2013, and was regulated by the Order of the Ministry for Regional Development No. 91 dated 24.06.2011.
- Second — was in effect from May 26, 2015 to December 31, 2015, and was regulated by the Order No. 79 dated 24.04.2015.
Both of the above amnesties were limited in duration (the 2015 amnesty lasted only 7 months).
The current amnesty, effective since 2018, is open-ended (not limited in time).
🎯 Types of construction that do not require permits or occupancy approval
Procedure and Required Documents
To formalize (commission) individual (detached) residential houses, garden and summer cottages, and household buildings and structures, one must submit a set of documents as defined by Order No. 158 to the State Architectural and Construction Control Authorities (DABC) — either:
- in person via the Administrative Services Center (CNAP),
- by postal mail,
- or electronically via the Diia government portal.
I recommend submitting documents electronically, as this not only saves time but also minimizes the possibility of unjustified rejections of the submitted declaration. That’s because almost all the data required for filling in the declaration is automatically populated by Diia.
Documents falling within the jurisdiction of DIAM are typically registered within 3 to 5 days.
To submit documents electronically, land rights must be registered in the State Register of Property Rights so that the Unified State Electronic System in the Field of Construction (EDESSB) can automatically retrieve information about the owner/user of the land plot.
This also allows for cross-checking the data indicated in the declaration, the technical passport, and the State Register of Property Rights (DRRP).
A technical passport is a mandatory document that must be submitted (or at least referenced in the declaration).
It is important that the technical passport is registered in the Unified State Electronic System in the Field of Construction (EDESSB) and must have a registration number in the following format: TI01:XXXX-XXXX-XXXX-XXXX.
Commissioning is carried out free of charge by the State Architectural and Construction Control Authority within 10 business days from the date of submission of:
- the corresponding application (if submitted via CNAP),
- certified copies of land ownership documents,
- the technical passport,
- and a completed declaration of readiness for operation.
In cases where the total area of household (subsidiary) buildings and structures exceeds 100 square meters, the applicant must additionally submit a technical inspection report.
Changes to the area threshold (above which the technical report is required) may be introduced soon — stay informed via our Telegram channel.
A registered declaration of readiness for operation (provided the building has an assigned address) constitutes a legal basis for registering property ownership rights.
Regarding the area of household (subsidiary) buildings
According to the data available to me for the years 2023–2024, the situation is as follows:
In my opinion, it would be appropriate to amend the legislation and increase the area threshold for household (subsidiary) buildings that can be commissioned without a technical inspection report — from 100 m² to 300 m².
This recommendation is based on the fact that, in most cases, such inspection reports are purely formal and result only in additional financial burdens for property owners.
It is also important to clarify that not all household buildings and structures are counted within the prescribed 100 m² or 500 m² limits.
For example, structures without foundations are generally excluded from the total calculated area.
When discussing the combined area of residential buildings and household structures, it should be clearly understood that previously commissioned buildings are not subject to re-commissioning, except in cases of reconstruction.
As a result, it is entirely possible that a land plot already contains properly legalized structures totaling 90 m², and an unauthorized garage of 45 m² has been added.
In this scenario, only the 45 m² garage will be subject to the simplified commissioning procedure — not the cumulative 90 + 45 m².
ВLack of urban planning documentation and non-compliance with setback requirements from property boundaries and adjacent buildings
The Construction Amnesty (2018–2025) has been and continues to be a valuable tool for those who intended to legalize their buildings but were unable to do so due to the absence of approved urban planning documentation in their locality — such as a general plan (master plan) or a detailed territorial plan (DTP).
The lack or cancellation of approved urban planning documents has been, and still is, a valid reason for denial of a building passport, as per the Procedure for Issuing Building Passports (Order of the Ministry of Regional Development of Ukraine No. 103, dated July 5, 2011). A building passport is a mandatory prerequisite for submitting a notification on commencement of construction works.
The same applies to denials of urban planning conditions and restrictions (UPCR).
However, the absence of urban planning documentation or a DTP is not a barrier to commissioning a building under the Construction Amnesty, provided it falls under the scope of Clause 9, Section V of the Law of Ukraine “On Regulation of Urban Development Activities.”
📌 Furthermore, compliance with setback requirements (the minimum legally required distance between buildings or to property boundaries) is not evaluated as part of the amnesty process.
This means that even if a house or household structure is located directly on the boundary line or just 2–3 meters from neighboring buildings, the declaration of readiness under the amnesty procedure will still be accepted and registered.
Fines and Fees
According to Clause 9, Section V (“Final Provisions”) of the Law of Ukraine “On Regulation of Urban Development Activities”, no fines or penalties are applied to landowners (or land users) who submit documents for commissioning buildings under the Construction Amnesty procedure.
This means that individuals who did not obtain permits for construction or used buildings that were not officially commissioned will not be subject to sanctions, provided they follow the procedure outlined in the amnesty regulations.
✅ The registration of a declaration under the construction amnesty is free of charge.
At present, all proposals to introduce a fee for registration have been postponed, although such a possibility still remains in the future.
🗣 To discuss current regulations and get advice on specific cases related to commissioning under the Construction Amnesty in 2025, you are welcome to join the “Urban Planning in Ukraine” discussion group.
Ⓒ 2025
