Government steps up fight against illegal construction

Legal Alert, February 20, 2017

Government steps up fight against illegal construction

On February 10, 2017 the Law No. 1817-VIII “On Amendments to Certain Legislative Acts of Ukraine Concerning Improvement of Urban Planning”  was published in the Golos Ukrainy newspaper. This Law is aimed at harmonization of national legislation with established European practice and approach to building, introduction of more transparent rules and increase of liability for violation in the field of urban planning.

The important innovation of the introduced Law is cancellation of the classification of categories of complexity which were preconditions for necessity to obtain permit for construction works. Henceforth the objects will be divided due to consequences classes (liability) into objects with low consequences (before the Law entries into force – these are objects of the I and II categories of complexity), ones with middle consequences (before the Law entries into force – these are objects of the III and IV categories of complexity) and ones with significant consequences (before the Law entries into force – these are objects of the V category of complexity). Moreover, after the Law entries into force objects with middle and significant consequences which include the vast majority of residential and commercial buildings are required to obtain permit for construction works.

The Law also provides a passage from a three stages licensing system (notification- declaration- permit) to a two stages licensing one (notification — permit). The Law regulates documents required for getting the above.

Among other changes introduced by the Law it is worth noting terms and conditions which govern prohibition of construction works without notifying in advance the State Architectural and Construction Inspection by the construction project owner about adjustments in the project documentation as well as strengthening the citizens’ and public officials’ liability for some violations in the field of urban development.

The law enter on June 10, 2017. Declarations on beginning of preparatory or/and construction works are deemed to be effective until completion of construction works, unless they are not revoked by the State Architectural and Construction Inspection in the order established by the Law.

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This Legal Alert is intended as a general overview of latest changes in legislation of Ukraine and does not constitute a legal advice.

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