New rules for architectural and construction control: decentralisation

New rules for architectural and construction control: decentralisation, declaration on preparatory and constriction works, register of permitting documents

On September 2015, the Law of Ukraine on Amendments to Certain Laws of Ukraine Regarding Decentralization of Architectural and Construction Control Functions and improvements of City Planning Laws reforming architectural and construction control system will come into force.

The main novelty introduced by the Law relates to decentralisation of architectural and construction control functions. Henceforth all the documents required to start construction works are issued (registered, cancelled) by: executive bodies of architectural and construction control of village and town councils; executive bodies of architectural and construction control of city council; departments of architectural and construction control of city state administrations; Chief Inspectors of the State Architectural and Construction Inspectorate in Autonomous Republic of Crimea, regions, Kyiv and Sevastopol.

Thus local authorities get the control powers and Chief Inspectors of the State Architectural while Construction Inspectorate (hereinafter “SACI”) will supervise respective local authorities and have the right:

• to inspect construction sites and premises, as well as to examine all relevant constriction documents;
• to suspend or cancel acts of local authorities in case these acts violate requirements of construction law.

At the same time both the Heads of territorial bodies of architectural and construction control and Chief Inspectors will have the right to impose administrative penalties for violation of city planning legislation.

Declaration on preparatory and construction works

The Law also improves the procedure of submission of declaration on preparatory and construction works through providing an exhaustive list of grounds for its decline.

Thus, starting from September 1, 2015 controlling body may return declaration on the start of preparatory works only in case the following information is not displayed therein:

• information on developer, construction name or address;
• information regarding title documents on the land plot;
• information regarding persons responsible for technical maintenance and project developers.

Also declaration on the start of construction works may be returned in case it does not report the following information regarding:

• developer, construction name or address;
• title documents on the land plot;
• city planning conditions and restrictions (if necessary);
• project designer, chief architect and/or chief engineer of the project, persons responsible for design and technical supervision.

The new Law also defines the grounds on which a declaration may be cancelled. Particularly when violations of planning documentation, urban conditions and restrictions are leaked out, or when construction does not meet the project documentation, construction norms, requirements of construction norms, standards and regulations, or in case of non-compliance with orders of construction control authorities. The same grounds concerned cancellation of building permits.

Register of permitting documents

The SACI shall also provide free online access to the register of:

• permits to perform preparatory and construction works;
• documents certifying commissioning;
• information regarding returning, rejection, cancellation, or withdrawal of the abovementioned documents.

It is expected that the Law will improve the city-building activity and state architectural-construction control, as well as reduce corruption risks through simplification of authorization procedures, strengthen the role of local executive authorities and local self-government bodies. On the other hand it may lead to overlapping powers between state bodies and local authorities.

Source: http://www.kpdconsulting.com.ua/en/