Publication date: 11.07.2024
Liability for violation of construction rules
Construction activity is a key component of the economy, providing infrastructure and housing development, creating jobs and stimulating economic growth. However, violations of construction rules can lead to serious consequences, including safety violations, financial losses and legal liability. In this article, we will review the main aspects of liability for violation of construction rules, the regulatory framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
Construction activities in Ukraine are 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, the procedure for obtaining permits in the field of construction and liability for violations of legislation in this area.
TheLaw 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.
Law of Ukraine "On Liability for Offences in the Field of Urban Development":
- Defines the types of offences in the field of urban development, the procedure for bringing to liability and the types of sanctions for violations of construction norms and rules.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violations of construction legislation, including fines, warnings and other administrative sanctions.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of construction, including negligence and violations of safety regulations that led to serious consequences.
State Construction Norms of Ukraine (SCN):
- A set of regulatory documents governing technical requirements for building structures, materials, technologies and processes.
Major violations of construction rules
The main violations of construction rules may include:
Illegal construction:
- Conducting construction work without the appropriate permits or in violation of the terms of the permit.
Failure to complywith building codes and standards:
- Use of low-quality materials, deviations from the approved project, violation of construction technologies, etc.
Violation of safety regulations:
- Failure to comply with safety requirements during construction works, which may lead to accidents, injuries or deaths of employees and other persons.
Littering ofconstruction sites:
- Improper management of construction waste, environmental pollution.
Violation of the rights of owners of neighbouring land plots:
- Occupation of other people's territory, damage to neighbours' property, violation of land use rules.
Types of liability for violation of construction rules
Violations of construction rules can lead to various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of the requirements of construction legislation, non-compliance with the standards and rules of construction activities. Sanctions may include fines, warnings, and temporary suspension of construction work. Such violations are subject to fines ranging from 10 to 200 tax-free minimum incomes, and in case of repeated violations - up to 500 tax-free minimum incomes.
Civil liability:
- Civil liability is incurred in the event of material or moral damage to individuals or legal entities as a result of improper construction activities. Victims have the right to seek compensation through the courts. Liability may include compensation for material damage (lost property, repair costs, etc.) and non-pecuniary damage (psychological stress, humiliation).
Criminal liability:
- Criminal liability is incurred for construction-related offences, such as negligence, safety violations that result in serious consequences (death or injury to persons, significant material damage). Sanctions may include fines, imprisonment, and a ban on engaging in certain activities. Such violations are punishable by fines in the amount of 500 to 2,000 tax-free minimum incomes or imprisonment for up to 10 years.
Procedure for bringing to liability
The procedure for bringing construction entities and their employees to liability for violations of construction rules depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences may be detected during inspections by regulatory authorities (the State Architectural and Construction Inspectorate of Ukraine, local self-government bodies) or following complaints from citizens. In case of violations, an administrative protocol is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, victims may file a lawsuit for damages. The court examines evidence of improper construction activities, hears witnesses, and conducts expert examinations to determine the amount of damage. The court makes a decision on compensation for damages.
Criminal procedure:
- In the event of construction-related crimes, victims or other interested parties may file a criminal complaint with law enforcement authorities. Law enforcement agencies conduct investigations, collect evidence, and question witnesses and suspects. If the fact of a crime is established, the case is referred to the court for consideration. 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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