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Publication date: 15.08.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Reconstruction of non-residential premises in Ukraine is an important procedure for improving living conditions or changing the configuration of premises. The legislation of Ukraine clearly regulates the procedure for reconstruction, which includes obtaining the necessary permits and observing construction norms and rules. Failure to comply with these requirements may result in administrative liability.
Permits for reconstruction depending on the class of consequences:
In Ukraine, permits for the reconstruction of buildings and real estate objects really depend on the object's liability class. Different types of documents are required for objects of different liability classes according to their characteristics and potential impact on the environment and safety.
Question
Which facilities belong to class CC1 and which permits are required?
Answer
Objects with a class of consequences SS1 include apartments, buildings up to 4 floors, 50 people live in the building permanently, and 100 people temporarily. These are objects with a minimal impact on the safety of people and the environment. These are usually minor constructions and small reconstructions, where the risks to people's lives and health are low. A permit document is a notification of the start of construction work.
Question
Which facilities belong to the SS2 and SS3 class and what permits are required?
Answer
SS2 are objects of medium complexity, where the possible risk to the safety of people or the environment is moderate. This includes medium-sized buildings or renovations that require more complex design and control. SS3 are objects of high complexity that can affect the safety of a large number of people and the environment. They can include large industrial buildings, multi-apartment residential complexes, etc. In this case, it is necessary to obtain permission to start construction.
Types of work for which permits are not required
- Repair work without interfering with the load-bearing elements of the building: Repairs that do not affect the structural elements of the building, such as cosmetic repairs, replacement of cladding, renewal of interior decoration without changing the structure.
- Restoration of buildings and structures after accidents: Works performed to restore buildings after accidents or natural disasters, if such works do not change the structural elements of the building and do not affect its geometric dimensions.
- Construction of temporary buildings or structures without a foundation: Temporary structures that do not have a permanent foundation and are intended for short-term use (for example, trade pavilions, temporary warehouses).
The procedure for obtaining a construction permit in Ukraine
Obtaining a construction permit is a mandatory procedure for objects of responsibility classes СС2 and СС3. To do this, it is necessary to go through several stages and submit a certain package of documents to the territorial body of the State Inspection of Architecture and Urban Planning (DIAM). Here is the detailed procedure for obtaining permission:
- Preparation of documents. Documents to be submitted: Application for building permit, Copy of land documents (documents confirming the right to land, such as a state act, certificate of ownership, lease agreement), approved project, expert report, copy of building license (if necessary), copies of orders appointing responsible persons:
- Submission of documents. Documents are submitted to the territorial body of DIAM at the location of the construction object. The process can be done through the document management department or an online platform, if available.
- Verification of documents. The DIAM territorial body verifies: the reliability of the information specified in the documents, the compliance of the documents with the requirements of the law, the completeness of the submitted package of documents.
- Issuance of a permit. If all documents meet the requirements and are authentic, a construction permit will be issued within 10 working days. If there are deficiencies or the documents do not meet the requirements, the Inspection has the right to refuse to issue a permit until all deficiencies are eliminated.
Lawyer consultation of a real estate lawyer:
Here are the types of legal services:
Lawyer advice on real estate issues and legal analysis of the situation: A real estate lawyer explains current norms and rules related to reconstruction, including the classification of objects by liability classes (СС1, СС2, СС3) and the corresponding procedures. Determines exactly which documents need to be collected and checks their compliance with the requirements of the law. Describes the step-by-step procedure for submitting documents, including deadlines and possible obstacles.
Preparation and verification of documents: A real estate lawyers online helps to prepare and submit an application for obtaining a permit, taking into account all the necessary details. Real estate consulting helps to check the correctness and completeness of documents confirming ownership of a land plot and real estate object, project documentation, expert opinions, etc.
Interaction with authorities: A real estate lawyer helps to submit documents to the territorial authority of DIAM or other competent authority. Also, a lawyer services online ensures negotiations with representatives of authorities to resolve possible issues or clarifications. Supports process of obtaining a permit, including obtaining and verifying a decision to issue a permit for reconstruction.
Legalization of voluntary reconstruction: Consultation of a real estate lawyer helps to collect all the necessary documents for the legalization of already completed reconstructions. Accompanies the procedure of legalization of self-performed works, including correction of project documentation and obtaining new permits. Provides advice on further use of the object after the completion of reconstruction, including obtaining certificates of conformity and other documents.
Obtaining a permit for reconstruction is a complex process that requires compliance with numerous legislative and technical requirements. The lawyer help can greatly facilitate this process, ensuring the correctness and timeliness of the documents, as well as helping to avoid possible legal problems. Lawyer services on real estate allows you to reduce risks and ensure smooth and efficient passage of all stages of reconstruction. The legal services in obtaining a permit for reconstruction ensure the effective and legal implementation of all necessary procedures.
