Entitlement to overbuilding and upgrading


 

Entitlement to overbuilding and upgrading

A couple of months ago I married and my family grew - we can no longer meet in our little house. An extension is needed, but I have not decided yet to upgrade another floor or to add one or two rooms. I know that the law allows me to upgrade and / or build buildings, but what this right is right to understand here.
 
What is this right?
This is an opportunity for me to increase the volume in width (extension) or height (upgrading) of an existing building that is not my property. So I will become the owner of the built and / or upgraded independent objects. The site is a stand-alone building or a real part of a building, which has a name, location, independent functional purpose and an identifier under the Cadastre and Property Register Act.
 
I can build and upgrades even if I am not the owner of the building, but the owner of the building should have the right to build / upgrading. That is, when, in my favor, such a right is created, I can:
  • to become the owner of my newly built;
  • to use the land when I need to use the building (the upgraded building, eg a floor) - for example, for the needs of construction, when I store materials and equipment, and for the use of the already built building or floor when passing through the foreign land;
  • to upgrade or build an existing building in accordance with the approved investment project of the building;
  • to acquire in the property the adjoining winter and attic rooms;
  • to acquire, against payment, property and an ideal part of the common parts of the building corresponding to the value of what I have upgraded;
  • to become a holder of an appropriate part of the right to build or land ownership (depending on the size of the floor or annex).
I am obliged to pay a certain price if the right to upgrade and / or build is constituted for consideration. But the cost is not over - I will have to repair the damage I have caused when I built it. It is possible that the investment project envisages the construction of additional common premises to be used by all the owners of the building. Then these costs are divided among all. Normally, we should settle this in the contract for the creation of a right to build and / or set up, but if we have not agreed, these obligations to pay the costs will still be incurred on a non-contractual basis, and I will have the right to seek them.
 
How can I establish such a right?
Whether I am external to an existing building or I am a storey owner, I can be the owner of a right to build and / or upgrade.
 
I'm co-owner on the ground as well as on the building
In some cases, I can be co-owner in a regulated land plot and co-owner of the building and have a desire to build and / or upgrade it. In this case, in order to become the owner of the annex or the floors, I must conclude a contract with the other co-owners as I will build in a property owned by other persons. For this contract, a legal form of validity is required, namely a notary deed.
 
I am a co-owner on the land and a building that is in condominium ownership
In other cases, I may be the co-owner of the landed property, but I am also a co-owner in a condominium building. Then, in order to build or upgrade this building, it is necessary besides a contract in notarial form with the other owners of the property and consent of all the floor owners, expressed in a declaration with a notary certification of their signatures. It is actually a permission and an agreement to build or upgrade this building.
 
Landowners are different from the floor owners in the building
When I decide to build or upgrade a building that is in condominium, but the landowners are not floor owners in the building, then the right to upgrade and / or addition by the owner of the landed property should be in my favor in notarial form. Along with this, a declaration is required from all floor owners with a notary certification of their signatures.
 
When is it lost?
As well as the right to build, I may lose the right to overbuild and / or upgrade in several hypotheses:
 
Upon expiration of the specified term in the act, if such has been agreed, the ownership of the annex (the floor) passes to the owner of the land and it is free of charge;
After the expiration of the five-year limitation period, if I did not exercise it during that time, it is extinguished in favor of the owner of the land on which the building is located. For example, if I have the right to upgrade a third floor in a building, the limitation period will start from the completion of the building to the second floor in rough construction - when the surrounding walls and the roof of the building are executed. Then I actually


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Entitlement to overbuilding and upgrading Entitlement to overbuilding and upgrading