Publication date: 08.07.2024
Legal regulation of construction activities in Ukraine
Introduction
Construction activity is one of the most important sectors of the economy of any country, including Ukraine. It covers a wide range of works, from designing and erecting buildings to their reconstruction and major repairs. The legal regulation of this activity is extremely important to ensure the safety, quality and efficiency of construction, as well as to protect the rights and interests of all participants in the construction process.
Key regulations
The legal regulation of construction activities in Ukraine is based on a number of regulations, including the following key ones:
TheLaw of Ukraine "On Regulation of Urban Development". This law establishes the legal and organizational framework for urban development activities, defines the powers of state authorities and local self-government bodies in the field of urban development, and regulates the planning and development of territories.
TheLaw of Ukraine "On Architectural Activity". The Law defines the legal and organizational framework for architectural activities, the rights and obligations of architects, and the conditions for conducting architectural activities.
TheLaw of Ukraine "On Construction Standards". This law regulates the issues of standardization and regulation in the construction sector, establishes requirements for the design, construction, reconstruction and operation of buildings and structures.
TheLaw of Ukraine "On Liability for Offenses in the Field of Urban Development". It establishes the types of liability for violations of urban planning legislation and the procedure for bringing to liability.
State Construction Norms (SBN). These are binding regulatory documents that establish technical requirements for the construction, reconstruction and overhaul of buildings and structures.
Permitting system in construction
In order to carry out construction activities, it is necessary to obtain a number of permits confirming that the construction project complies with the requirements of the law and construction standards. The main permits are:
Construction passport. Issued for construction projects that do not require a construction permit.
Permit for construction works. Issued for construction projects that require such a permit in accordance with the list approved by law.
Certificate of conformity of the completed construction object with the project documentation. Issued after the completion of construction works and confirms the compliance of the facility with the project documentation and legal requirements.
Procedure for obtaining permits
The procedure for obtaining permits in construction includes several stages:
Development of project documentation. Project documentation is developed in accordance with the requirements of building codes and other regulations. It must undergo an expert review that confirms its compliance with the requirements of the law.
Obtainingurban planning conditions and restrictions. These documents define the main parameters of development of the land plot on which the construction is planned.
Obtaining aconstruction permit. To do this, you must submit a package of documents to the state architectural and construction control authority, including project documentation, urban planning conditions and restrictions, as well as other documents required by law.
Completion of construction and commissioning of the facility. Upon completion of construction work, it is necessary to obtain a certificate of compliance of the completed facility with the project documentation.
Control and supervision in the construction sector
Control and supervision of construction activities is carried out by the state architectural and construction control authorities. The main tasks of these bodies are as follows:
Ensuring that construction works comply with the requirements of the law and construction standards. This includes conducting inspections at all stages of construction, from design to completion of construction works.
Protecting the rights and interests of participants in the construction process. Controlling authorities ensure compliance with construction legislation, including the rights of customers, contractors and other participants in the construction process.
Bringing to justice for violations of the law. In the event of violations of the law, the controlling authorities have the right to impose fines, issue orders to eliminate violations, and apply other measures of influence provided for by law.
Liability for violations in the field of construction
Administrative, civil and criminal liability is provided for violations of the construction law. The main types of violations and liability include:
Violation ofurban planning conditions and restrictions. This violation may result in fines and remedial action orders.
Violation ofbuilding code requirements. This can lead to fines, suspension of construction work, or even dismantling of the construction project.
Violation of therights of participants in the construction process. This may be subject to civil law penalties, including damages.
Illegal construction. This violation may lead to fines, demolition of illegally constructed facilities and other measures provided for by law.
Conclusion.
The legal regulation of construction activities in Ukraine is a complex and multifaceted process that includes the development of project documentation, obtaining permits, control and supervision of construction works, as well as liability for violations of the law. All of these elements are aimed at ensuring the safety, quality and efficiency of construction, as well as protecting the rights and interests of all participants in the construction process. Compliance with construction law is a key factor in the successful implementation of construction projects and the development of the construction industry as a whole.
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