On inalienable improvements, privatization of leased property through redemption and conclusion of construction expertise

On inalienable improvements, privatization of leased property through redemption and conclusion of construction expertise

Starting from 2018, the conclusion of the construction examination expanded its horizons and became necessary for an even larger circle of citizens and organizations, namely - for the purposes of privatization of leased property through redemption.

In accordance with Article 18 of the Law of Ukraine "On the Privatization of State and Communal Property", the privatization of state or communal property leased is carried out by sale at an auction or by redemption, if the conditions stipulated by the second part of this article are met .

One of the mandatory conditions for the tenant to obtain the right to buy out the leased property (buildings, structures, non-residential premises) is the provision of a BUILDING EXPERTISE CONCLUSION, which will confirm the IMPLEMENTATION AND COMPOSITION OF INTENDED IMPROVEMENTS, including the integral nature improvements After that, the cost of integral improvements, confirmed by such a conclusion of the construction examination, is determined by the subject of the evaluation activity.

In this regard, the State Property Fund of Ukraine provided an official clarification (letter dated 21.06.2018 No. 10-20-12525) regarding the construction examination for the purposes of privatizing leased property through redemption, in particular, in in terms of confirmation of the implementation and composition of integral improvements.

Yes, the FSMU stated in its letter that the investigation of the improvements made, including integral ones, belongs to the COMPETENCE OF THE FORENSIC EXPERT, who has expert specialty 10.6 "Investigation of real estate objects, building materials, structures and relevant documents" and entered in the State Register of Certified Forensic Experts of the Ministry of Justice of Ukraine. Such an expert study is carried out on the basis of a letter (application) from the customer, based on the results of which the expert draws up a corresponding written opinion.

As a certified forensic expert with the expert specialty "10.6" and entered in the register of the Ukrainian State University, I want to clarify for all interested parties the procedure for conducting such examinations (expert studies).

For the purpose of providing the conclusion of the construction examination provided by the law, the expert determines the list and volumes of the actually performed construction works (current/capital repair, reconstruction), and also checks their compliance with the project estimate and other documentation, which was concluded during carrying out repairs and integral improvements. In addition, the expert checks the integral nature of the improvements made by the tenant to the leased property, namely: whether these improvements led to an improvement in the physical (technical) condition and/or consumer qualities of the property, and whether it is really impossible to separate the improvement from the object without causing damage to it and this will lead to a decrease in the market value of the object.

To order an expert study, the expert must provide the following properly executed documents:

  • property lease agreement;
  • technical passport for the rental object;
  • act of visual inspection of the leased object, in which a description of the state of the object is noted and to which photographic images of the leased object are attached and from which it can be seen that the object cannot be used for its intended purpose due to its unsatisfactory condition;
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  • written consent of the lessor to the improvement by the lessee;
  • design and technical and estimate documentation for improvements agreed by the lessor, acts of completed construction works signed by the customer and the contractor, as well as documentation for purchased building materials, products and structures, etc.;
  • audit opinion on confirmation of financing of improvements made to the leased real estate at the expense of the lessee.

Unfortunately, in different regions of our country, the requirements for the format of the presentation of individual provisions of the conclusion of the construction examination may differ, however, these are not global, fundamental deviations from the general order and methods of conducting research and can be adjusted depending on each specific case.< /p>

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