Publication date: 11.07.2024
The procedure for obtaining a construction permit
Construction is one of the most important sectors of the economy, contributing to infrastructure development, job creation and overall economic growth. In order to carry out construction work in Ukraine, it is necessary to obtain the relevant permits to ensure compliance with construction norms and standards, as well as to protect the interests of all participants in the construction process. In this article, we will review the main aspects of the procedure for obtaining a construction permit in Ukraine, the regulatory framework, requirements for applicants and the application procedure.
Legal and regulatory framework
The procedure for obtaining a construction permit in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Regulation of Urban Development":
- Defines the legal and organisational framework for urban development activities, establishes requirements for planning and development of territories, as well as the procedure for obtaining permits in the field of construction.
Law of Ukraine "On Construction Standards":
- Regulates the establishment, development and application of construction norms, standards and rules that ensure the safety, reliability and efficiency of construction works.
TheLaw of Ukraine "On Licensing of Economic Activities":
- Establishes general requirements for licensing construction activities, defines the procedure for submitting and reviewing applications for licences, and the grounds for cancellation of licences.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Performing Construction Works":
- Sets out the procedure for performing construction works, requirements for organising the construction process, obtaining permits, and controlling compliance with construction norms and rules.
State Construction Norms of Ukraine (SBN):
- A set of regulatory documents governing technical requirements for building structures, materials, technologies and processes.
Types of permits for construction activities
There are several types of construction permits in Ukraine, depending on the nature and scope of the construction work:
Permit for construction works:
- The main document granting the right to carry out construction works. It is issued on the basis of an approved project and a positive expert opinion.
Permit for preparatory works:
- A permit to carry out preparatory works at the construction site, such as demolition of buildings, clearing of the territory, engineering networks, etc.
Declaration of commencement of construction works:
- A document submitted in the case of construction of objects of low complexity that do not require a building permit.
Requirements for applicants
In order to obtain a construction permit, a business entity must meet a number of requirements set out in the law. The main requirements include:
Organisational and legal form:
- The construction permit can be obtained by legal entities and individual entrepreneurs registered in accordance with the laws of Ukraine.
Material and technical base:
- A business entity must have the necessary material and technical base to carry out construction activities, including construction machinery, equipment, office space, etc.
Staff qualifications:
- The business entity must have qualified employees who have the necessary knowledge and experience to carry out construction works. The staff must have the appropriate education, training and certificates.
Nocriminal record:
- The managers and employees of the business entity must not have any convictions for serious crimes, crimes against property, life and health, as well as other crimes provided for by law.
Compliance ofproject documentation:
- The project documentation must comply with the requirements of the building codes, be approved by the relevant authorities and have a positive expert opinion.
The procedure for applying for a permit
The procedure for applying for a construction permit includes several stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain the permit. This package includes:
- An application for a permit in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate (for individual entrepreneurs).
- Documents confirming the availability of the material and technical base.
- Qualification documents of employees.
- Project documentation approved by the relevant authorities.
- Positive conclusion of the project expertise.
- An application for a permit in the prescribed form.
Submission of theapplication:
- The application together with the package of documents is submitted to the relevant local government authority or state body exercising state architectural and construction control. Documents may be submitted in person, by post or electronically through specialised portals.
Consideration of theapplication:
- The relevant authority considers the application and checks whether the applicant meets the requirements. This includes verification of the submitted documents and a possible on-site inspection of the construction site.
Decision-making:
- Based on the results of the inspection, the relevant authority makes a decision to issue or refuse to issue a construction permit. In the event of a refusal, the applicant is provided with a justification of the reasons for the refusal and recommendations for remedying the deficiencies.
Obtaining the permit:
- In case of a positive decision, the applicant receives a permit for construction activities, which entitles him to carry out the relevant construction works. The permit is issued in the prescribed form and registered in the relevant register.
Procedure for monitoring compliance with permit conditions
The relevant state architectural and construction control authorities carry out ongoing supervision of compliance with permit conditions by business entities. This includes:
Regular inspections:
- The relevant authorities conduct scheduled and unscheduled inspections of construction sites to assess their compliance with the established requirements and standards.
Activity monitoring:
- The relevant authorities monitor the activities of business entities, analyse their reports and decide on the application of enforcement measures in case of violations.So, whether you need a lawyer's advice or a lawyer's advice, it doesn't matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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