Housing law

According to the Constitution of Ukraine, everyone has the right to housing. Regulation of legal relations arising in the implementation of the right to housing is carried out by a set of branches of law – civil, administrative, land, commercial, family law and others, which do not always give unambiguous answers to questions, due to which the established practice of housing is important. .

Housing is a fairly common category of business, as it concerns housing as an integral part of every person’s life. Their variety is extremely wide and can cover a wide range of aspects of the right to housing. The staff of the law firm “neofelis lo group” is ready to provide a legal solution to housing issues in the following areas:

Removing barriers to housing

The Constitution of Ukraine declares the inviolability of housing, which includes not only the impossibility of illegal entry into a person’s home, but also ensuring the stability of property or rental relations in relation to housing. Obstacles to the use of housing can be caused by the actions of the owner / co-owners of such housing, cohabitants, and other outsiders. Such obstacles can take various forms – change of entrance locks, blocking access to certain rooms, violation of the rules of cohabitation, and so on.

According to the legislation of Ukraine, in case of any restrictions on the exercise of the right to use and dispose of their property, the owner has the right to demand the removal of relevant obstacles, including by going to court to protect their property rights, in particular, with a claim to remove obstacles to housing. (house).

In this area of ​​work, lawyers and attorneys of the law firm “neofelis lo groups” conduct a legal assessment of the situation, provide pre-trial settlement of the dispute, as well as resolve the issue in court.

Allocation of the share of living space (house) in kind

The co-ownership of housing is accompanied by significant difficulties in the use of such by each of the co-owners, because any transaction with such property requires the consent of the other co-owner, and disputes between co-owners are inevitable. In such cases, the first decision that co-owners come to is the allocation of a share of living space (house) in kind.

To allocate a share of living space (house) in kind, the current legislation provides a number of conditions without which such allocation is impossible. The key condition must be technical feasibility. First of all, this means that the allocated share must be a real separate object of real estate. In this case, the share that remains with the other owner (owners) must also be a separate object of real estate. As a rule, the obstacle to allocating a share of living space (house) are the technical characteristics of housing. In such cases, the alternative is the sale by another co-owner of his share in the joint housing or the forced redemption of such.

In this area of ​​work, lawyers and attorneys of the law firm “neofelis lo groups” provide a legal assessment of the possibility of allocating a share of housing (house) in kind and provide legal support for such a procedure.

Compulsory redemption of the share of the co-owner of the dwelling

The dwelling belongs to you on the right of joint partial ownership with another person, and at the same time such dwelling cannot be divided, the other co-owner does not want to sell his share, and further joint residence with another co-owner is impossible? In this case, the co-owner of the property that is in joint partial ownership may forcibly buy out the share of another co-owner by filing a lawsuit to terminate the ownership of the other co-owner to his share in the joint property with payment of appropriate monetary compensation.

Providing for the possibility of termination of the right of one of the co-owners to a share in a common dwelling by a court decision, the legislation at the same time establishes the conditions under which such termination of the right of a person is possible. Among such conditions: the share must be insignificant and cannot be allocated in kind, the dwelling is indivisible, joint ownership and use of property is impossible, such termination will not cause significant harm to the interests of the co-owner and his family members. In this case, the court’s decision to terminate a person’s right to a share in the common property is possible only if the plaintiff (one of the co-owners) has previously paid the value of this share to the court’s deposit account.

Change and termination of the lease agreement

The reasons for changing or terminating the lease agreement may be different – as well as dissatisfaction with the tenant (tenant) of the contract or the condition of the premises or violations of the contract by one of the parties, and the objective reasons for the impossibility of further contractual relations .

First of all, in such cases it is necessary to proceed from the terms of the contract itself, which, as a rule, should determine the cases and procedure for changing or terminating the lease agreement and then refer to the provisions of current legislation of Ukraine. The universal basis for change and termination is the consent of both parties, accompanied by the conclusion of an additional agreement between the latter. At the same time, the termination of the rental agreement can be unilateral and the current legislation provides sufficient grounds for compliance with which is mandatory.

In this area of ​​work, lawyers and attorneys of the law firm “Neofelislo Group” provide full legal support for the procedure of amending and terminating the rental agreement – from studying and analyzing the contract to drawing up and sending to the other party a proposal for an additional agreement with the project. written notice of termination of the contract, as well as, if necessary, judicial support for termination of the contract.

Termination of the right to use the premises and deregistration of the person

According to the legislation of Ukraine, family members of the homeowner who live with him have the right to use this home in accordance with the law. The dwelling they are entitled to occupy is determined by its owner. A family member of a homeowner loses the right to use this home in the absence of a family member without good reason for more than one year, unless otherwise established by agreement between him and the homeowner or by law.

The issue of recognizing a person as having lost the right to use the premises shall be resolved in court. In resolving this issue, the reasons for the absence of the person in the dwelling are taken into account. The basis for recognizing a person as having lost the right to use a dwelling may be only the conscious behavior of such a person, which indicates the loss of his interest in such a dwelling. The court finds out the validity of the reasons for the person’s non-residence in the dwelling and, if the reasons are recognized as valid, the court rejects the claim.

In this case, deregistration of a person’s place of residence in the above circumstances is possible only on the basis of a court decision recognizing a person as having lost the right to use the premises, which has entered into force.

In this area of ​​work, lawyers and attorneys of the Neofelislo Group Law Firm provide full-fledged legal support for recognizing a person who has lost the right to use the premises – from collecting evidence and filing a lawsuit to court to accompany the removal of relevant persons from registration.

Recognition of transactions of purchase and sale, gift, exchange of residential premises invalid

The current legislation of Ukraine defines an exhaustive list of grounds for recognizing contracts as invalid. The following grounds and contracts of sale, donation and exchange of residential premises apply. Such grounds are: the content of the contract contradicts the norms of civil law; the person concluding the contract does not have the required amount of civil capacity; the will of the party to the agreement is not free and does not correspond to his internal will; transactions are not made in the form prescribed by law; transactions are not aimed at the actual occurrence of legal consequences caused by it. The presence of at least one of these grounds is sufficient to invalidate the transaction. At the same time, in this category of cases often do not do without court proceedings.

In this area of ​​work, lawyers and attorneys of the law firm “neofelis lo groups” provide full legal support for the recognition of transactions of sale, gift, exchange of housing invalid.

Moving into a living space

Often the issue of moving into a dwelling arises in cases where the purchased, rented or inherited housing is occupied by other persons or the dwelling belongs to several co-owners on the rights of joint joint ownership. In such cases, the right of ownership or the right of use of the person to the dwelling or its part or the right of ownership of a family member to a part of the dwelling is sufficient for lawful living in a dwelling (consent to move in from other persons living in the dwelling is not required).

If there are appropriate grounds, it is necessary to apply to the court with a request to move into a dwelling or remove obstacles to the use of a dwelling. In this case, as a rule, obtaining a court decision in your favor does not end, because the defendants in this category of cases are not always ready to voluntarily comply with the relevant court decision. For these reasons, without recourse to the executive service can not do.

In this area of ​​work, lawyers and attorneys of the law firm “neofelis lo groups” provide full legal support for moving into a dwelling – from collecting evidence and filing a lawsuit to the court and to apply for enforcement of a court decision on moving into a dwelling.

Eviction from the premises

Eviction from mortgage housing is a common occurrence. When applying for foreclosure on a mortgaged dwelling, the occupants are obliged, at the written request of the mortgagee or the new owner, to voluntarily vacate the dwelling. Otherwise, the eviction will be compulsory on the basis of a court decision. In this case, persons who are evicted from residential premises are simultaneously provided with another permanent residential premises; exception to this rule – the dwelling was purchased at the expense of the credit which return is secured by the mortgage of this dwelling.

Cases of eviction of a person in case of termination of family relations with another spouse are quite common. However, the fact of termination of family relations with the homeowner does not deprive the former spouse of the right to use the premises and will not be grounds for his eviction. In such cases, the grounds for eviction may be the following grounds: the person has not lived in the disputed housing for more than one year; a person systematically destroys or spoils a living space, or uses it for other purposes, or systematically violates the rules of cohabitation, makes it impossible for others to live with them in the same apartment or in the same house.

If there are appropriate grounds, it is necessary to apply to the court with a request to be evicted from the premises.

The staff of the Neofelislo Group Law Firm provides legal assistance in protecting persons who are housed in a dwelling or who do not have the appropriate grounds to use it, as well as persons in respect of whom measures have been taken to evict them illegally.

Determining the order of use of living space

Of primary importance in the settlement of relations between the co-owners is the agreement between them on the use of housing. At the same time, in the event of a conflict situation that makes it impossible to voluntarily establish the procedure for the use of common property between co-owners, such a procedure may be established by the court. When establishing the procedure for using the house, each of the co-owners is given a specific part of the house for use, based on its share in the right of joint ownership of the house.

In this area of ​​work, lawyers and attorneys of the law firm “neofelis lo groups” provide full support to represent the interests of clients in determining the use of housing.

Protection of the rights of co-owners of the association of co-owners of an apartment building

The creation of associations of co-owners of multi-apartment associations, being aimed at the independent decision of the residents of the house to maintain the latter, is usually accompanied by arbitrariness of the governing bodies of condominiums, which leads to violation of co-owners – illegal imposition of additional payments, disconnection from electricity, gas and water supply, etc. is a common practice that does not comply with current legislation and can be resolved both in claim and in court.

In this area of ​​work, lawyers and attorneys of the Neofelislo Group Law Firm carry out a legal assessment of the situation, provide alternative ways to resolve the situation and conduct claims work and represent the client’s interests in court.

Deregistration of residence

The quickest and easiest way to deregister such a person is with his / her voluntary consent. However, not always everything is so simple and, as a rule, you can’t do without litigation. In case of impossibility of voluntary deregistration, the latter depends, in particular, on the decision on the right of a person to use residential premises in accordance with the norms of housing and civil legislation. As a rule, deregistration of a place of residence is carried out in court, presenting at the same time one of the following requirements: deprivation of ownership of housing; on deprivation of the right to use residential premises; on recognition of a person as missing; on declaring an individual dead.

In addition, the deregistration of a place of residence may be carried out on the basis of documents certifying the termination of the grounds for the right to use the premises (expiration of the lease, rent, sublease), applying to the registration authority.

Accompaniment by lawyers and lawyers of the “neofelis lo groups” deregistration of the place of residence is carried out both administratively and judicially.

Payment and collection of debts for housing and communal services

The gradual rise in prices for housing and communal services has become the rule, and therefore the issue of payment of funds specified in the monthly receipts has become a matter of principle and may concern both the distribution of costs between co-owners and the payment of housing and communal services.

According to the current legislation, the distribution of total costs for housing and communal services in relation to residential premises in which two or more owners live is carried out with the consent of the apartment’s residents. And only in case of impossibility of the voluntary decision of a question on definition of the order of payment, such disputes between co-owners are resolved by court.

In disputes with public utilities, many people forget that the obligation to pay a person for the payment of housing and communal services is not automatic, but must have the appropriate documentation. Thus, it is illegal to impose debts for the payment of housing and communal services of the old owner of the premises on the new one, if the contract of sale of the relevant premises did not contain a reservation on the transfer of the debt.

The Neofelis Lo Group represents the interests of clients in disputes over the recovery of debts for housing and communal services in courts of all instances, both on the side of public utilities and on the side of consumers.

Transfer of living space (house) to non-residential

The procedure for converting a dwelling (house) into a non-residential one is quite complicated, as there is no single legal act that would enshrine at the legislative level the algorithm for converting a residential building into a non-residential one. Therefore, in the regions such relations are regulated by local regulations.

To resolve the issue of transferring the housing stock to non-residential property, the owner of the residential building (premises) applies to the executive committee of the local self-government body by submitting an application for transferring the residential building (premises) to non-residential (non-residential).

It is possible to change the functional purpose of a residential premises (house) to a non-residential one only in case of its reconstruction. Reconstruction of residential premises (buildings) is carried out in accordance with the requirements of the Law of Ukraine “On Regulation of Urban Development” and dbn, project documentation prepared in accordance with the requirements of dbn and agreed with all interested services of the city. If the apartment is located in an apartment building in which a condominium is created, it will also be necessary to obtain the consent of other co-owners.

When you agree on all the issues, you can start developing design documentation for construction (reconstruction) and do the design of the reconstruction. In addition, the owner is obliged to make changes to the register of property rights to real estate for new indicators of real estate.

The law firm “neofelis lo groups” provides full support for the procedure of conversion of residential premises (buildings) into non-residential (non-residential), taking into account the requirements of current legislation in the field of urban planning and current acts of local governments.

Transfer of non-residential premises (houses) into residential ones

Conversion of non-residential premises (house) into residential (residential) is a change of its purpose. To date, the current Ukrainian legislation does not establish a clear mechanism for the transfer of non-residential premises (buildings) to the housing stock.

In practice, local governments deal with this issue. The owner of a non-residential premises (house) must submit an application to the local self-government body. The owner must also prove that the premises (house) are suitable for living and are equipped with ventilation, water supply, sewerage, gas supply and heating systems. The decision to grant a permit or a refusal is made by the Department of Urban Planning and Architecture of the local self-government body.

The law firm “neofelis lo groups” provides full support for the procedure of conversion of non-residential premises (houses) into residential (residential).

Disputes with developers

На сьогодні досить поширеною є практика інвестування коштів приватними особами забудовникам. При цьому, значна частина забудовників не виконує своїх зобов’язань перед інвесторами. Серед найбільш поширених проблем – незавершене будівництво (у зв’язку з браком фінансування, відсутністю намірів здавати новобудову в експлуатацію взагалі або відсутністю необхідного пакету дозвільних документів). Інвестори цілком закономірно бажають повернути вкладені кошти, і це стає причиною розгортання конфліктів, який в добровільному порядку рідко вдається вирішити. При цьому, суди в залежності від обставин підтримують як сторону забудовників, так і сторону інвесторів. Вирішальними у вирішенні таких спорів є умови договору, укладеного між забудовником та інвестором. Додатково на захист сторони інвестора та ключовим для вирішення спору в інтересах інвестора стає закон україни «про захист прав споживачів», який підлягає застосуванню щодо відносин, які виникають з приводу інвестування в новобудови.

Юристи та адвокати адвокатського об’єднання «неофеліс ло груп» готові надати об’єктивний аналіз договору про інвестування та можливі шляхи стягнення вкладених в будівництво коштів, а також за необхідності – представництво інтересів клієнта у суді всіх інстанцій.

Житлові відносини є невід’ємною частиною життя кожного із нас. Вирішення питань, що виникають при реалізації права на житло, потребує розуміння юридичної сторони ситуації та врахування всіх можливих підходів до ситуації, тому самостійні спроби розібратися із виниклою ситуацією не завжди найкраще рішення. Нехтувати юридичною допомогою при вирішення питань житлового характеру не найкраще рішення. Заручившись допомогою досвідчених юристів та адвокатів «неофеліс ло  груп» ви отримаєте надійну допомогу та альтернативні рішення.