Market Analysis

Ministry of Regional Development and architecture of preparing a document substantially increases the penalties for the construction and operation of illegally constructed houses, as well as the failure of prescriptions Gosarhstroyinspektsii. Over the document still has to vote the Verkhovna Rada, but, according to market players, new fines and even increase revenue, but is unlikely to stop the violators.

The draft amendments to the Code of Administrative Offenses (CAO), the main building department proposes to introduce a penalty for the operation of private homes samostroev area up to 200 square meters. m and porches to 100 square meters. m two hundred non-taxable minimum income tax - 3400 UAH. and for officers -17 ths. Penalty for other construction projects for the owners want to increase the exemption limit at 500 - 8500 UAH. And for the officers - 2 thousand exemption limit, or 34 thousand UAH.

This is a squatter registered in the Administrative Code of fines in 5-10 non-taxable minimum tax. Now, the Ministry proposes to divide the fines for squatter houses up to 200 squares in 100 non-taxable minimums - 1700 UAH. for owners, and for officials n.n.m. 500, or 8,5 ths. For the remaining objects the amount of fines could rise twice. Another important building department wants to prescribe a penalty in 1000 n.n.m., or 17 thousand UAH. And for leaders of organizations in 2 thousand n.n.m. or 37 thousand UAH. Prescriptions for non-Gosarhstroyinspektsii and for addressing violations of the law in the field of state architectural-building control. According to the Minister for Regional Development and Construction Basil Kuybida given in the rationale for the bill, the current size of penalties for non-compliance unconditioned minimal and did not correlate between the actual amount of harm caused and the amount of existing fines. "It encourages members of the construction process to operate outside the boundaries of the legal field. As a result, they continue to violate the law, and the state budget loses substantial funds" - the minister said.

"Raise fines had to be a long time - they are very penny and nobody"s scared. But the new figures - this is not the size that can be something to influence. For a big samostroya new fine is very small in the total construction costs. While forsmall objects - a more "strashilka for the future, than trying to collect money for samostroi", - explained the lawyer, partner of law firm Ilyashev & Partners Maxim Kopeychikov. According to him, with some of the language texts are not quite correct.

According to Alexander Popov, the director of the project group "Arhimatika, increase the size of fines, of course, increase revenue. If we consider the official data, which suggests that the monthly average in Gasquet record from 1,5 thousand objects of illegal construction in Ukraine, then in the case of imposing fines on owners of such facilities come from the budget of 5 million UAH. up to 25 million UAH. "If you look at the maximum amount of fines, which amount to 17 thousand UAH. To a private person who built, for example, a small private house, this amount may have to be high. But whether this will stop the amount of people who, for example, illegally built villa, the cost of construction in which tens or hundreds of times greater than the amount of the fine? "Naturally, an increase in fines will reduce the number samostroev, but will not solve the problem fundamentally," - said Alexander Popov.

However, even if the parliamentarians to take the changes to the CAO this year, the fines will not affect the majority of owners of private homes samostroev. Since October 15 last year came into force a new temporary order of adoption in the operation of completed private residential homestead type, built without a permit for construction work. All private detached house type, built without permits in the period from August 5, 1992 to January 1, 2008, may be taken into operation Gosarhstroyinspektsii authorities on the basis of a statement written before December 31, 2010

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