Who is the Customer of construction in Ukraine and what are powers to obtain permits and urban planning documentation Customer has for the start construction?
In Ukraine, the Construction Customer may be a developer at the same time, but the developer is not always the Customer of the construction project. It is the Construction Customer who has the title documents (ownership/use) for the land that is responsible for obtaining all the permits required for the design and start of construction work before obtaining a permit to put the building into operation.To date, Ukraine has a Unified State Electronic System in the field of construction (hereinafter referred to as the electronic system). All documents, from obtaining the city planning conditions and restrictions to the commissioning of the construction object, are submitted and received through the electronic system.
Читати на Facebook
A person who owns or uses a land plot (one or more) and intends to carry out preparatory and/or construction works on it is a Construction Customer.
In Ukraine, the Construction Customer may be a developer at the same time, but the developer is not always the Customer of the construction project.
It is the Construction Customer who has the title documents (ownership/use (lease, superficies)) for the land that is responsible for obtaining all the permits required for the design and start of construction work before obtaining a permit to put the building into operation.
To date, Ukraine has a Unified State Electronic System in the field of construction (hereinafter referred to as the electronic system). All documents, from obtaining the city planning conditions and restrictions to the commissioning of the construction object, are submitted and received through the electronic system.
I. Powers to obtain the city planning documents and permits.
1. Obtaining the city planning conditions and restrictions (CCR).
The city planning conditions and restrictions are granted by the relevant authorized city planning and architecture authorities on the basis of city planning documentation at the local level, free of charge, upon application by the customer.
The city planning conditions and restrictions are valid until the completion of the construction of the object, regardless of the change of the customer.
Changes to the city planning conditions and restrictions may be made by the authority that granted them at the request of the Customer or by a court decision.
Grounds: The Law of Ukraine "On Regulation of City Planning Activity."
2. Obtaining technical specifications (TS).
Technical specifications are a set of conditions and requirements for the engineering support of a construction project that must meet its design parameters for water supply (including firefighting needs), heat, electricity, and gas supply, drainage, outdoor lighting, stormwater drainage, and electronic communications.
The technical specifications are valid until the completion of the construction of the object, regardless of the change of the customer or the enterprise, institution, and organization that provided such technical specifications. Changes to the technical specifications may be made only with the consent of the customer.
Grounds: The Law of Ukraine "On Regulation of City Planning Activity."
3. Drawing up a task for the design of construction projects and developing project documentation.
The design task shall be drawn up and approved by the Customer in consultation with the designer.
The design task defines the client's reasonable requirements for planning, architectural, engineering, and technological solutions of the construction object, its main parameters, cost, and organization of its construction, and is drawn up taking into account technical specifications, city planning conditions and restrictions.
Design documentation for the construction of architectural objects consists of drawings, graphic and textual materials, engineering and cost estimates that determine city planning, space-planning, architectural, structural, technical, and technological solutions, cost indicators of a particular architectural object, and complies with building codes and regulations.
The design documentation for the construction of the objects subject to environmental impact assessment in accordance with the Law of Ukraine "On Environmental Impact Assessment," including the development of industrial parks, shall include the results of the environmental impact assessment.
Grounds: The Law of Ukraine "On Regulation of City Planning Activity";
The Law of Ukraine "On Architectural Activity";
The Law of Ukraine "On Environmental Impact Assessment."
4. Examination of the construction project.
Construction projects for facilities that are subject to mandatory examination:
1) according to the class of consequences (liability), they are classified as objects with medium (CC2) and significant (CC3) consequences — in terms of compliance with the standards on sanitary and epidemiological well-being of the population, ecology, labor protection, energy saving, civil protection engineering measures, fire, industrial, nuclear and radiation safety, transportation of dangerous goods, strength, reliability, durability of buildings and structures, their operational safety and engineering support, including compliance with regulations on creating an unhindered living environment for people with disabilities and other low-mobility groups;
2) constructed in areas with complex engineering, geological, and man-made conditions — in terms of strength, reliability, and durability of buildings and structures;
3) are subject to environmental impact assessment in accordance with the Law of Ukraine "On Environmental Impact Assessment" in terms of taking into account the results of environmental impact assessment.
The design organization shall assign the object to a certain class of consequences (liability) in consultation with the construction customer.
Grounds: The Law of Ukraine "On Regulation of City Planning Activity";
The Law of Ukraine "On Architectural Activity."
5. Obtaining the right to perform construction work.
After acquiring the right to a land plot and in accordance with its intended purpose, the customer may carry out preparatory work as defined by building codes and regulations, with notification of the state architectural and construction control authority.
Notification of the start of preparatory work does not give the right to carry out construction work.
The customer has the right to carry out construction work after:
1) submission by the customer of a notice of commencement of construction works to the relevant state architectural and construction control authority — for construction projects that are classified as minor consequence projects (CC1);
2) issuance of a construction permit to the customer by the state architectural and construction control authority — for objects that are classified as having medium (CC2) and significant (CC3) consequences or are subject to environmental impact assessment in accordance with the Law of Ukraine "On Environmental Impact Assessment."
These documents granting the right to perform construction works are valid until the construction is completed.
Information on the document entitling to perform construction works, as well as information on the class of consequences (liability) of the object, the identifier of the construction object (completed object), the customer, and contractors shall be placed on the relevant stand, which shall be installed at the construction site in an accessible place.
If the right for the construction of the object is transferred to another customer or the general contractor or contractor is changed (if the construction work is carried out without the involvement of subcontractors), as well as in case of adjustments to the project documentation, the customer shall notify the relevant state architectural and construction control authority of such changes within three business days, submitting copies of documents confirming the said changes certified in accordance with the established procedure.
