On December 1, 2019, the Law of Ukraine “On Amendments to Certain Legislative Acts on Improving the Procedure for Providing Administrative Services in the Field of Construction and Creating a Unified State Electronic System in the Field of Construction” (No. 199-IX dated October 17, 2019) came into force.
The specified Law provides for the creation of a Unified State Electronic System in the field of construction, one of the components of which is the Register of Construction Activities (not yet created) and the Electronic Cabinet of the Construction Customer (as of June 1, 2020, the E-Cabinet is actually not working).
The unified electronic system in the construction sector will be implemented in stages – from December 1, 2020 to December 1, 2022.
Also by the Law, in particular:
- some powers of officials of the State Architectural and Construction Control (SAC) have been limited;
- the responsibility of entities providing administrative services has been strengthened;
- an identifier for a construction object and a completed object has been introduced, which will be unchanged throughout the life cycle of the object;
- open access to information contained in the electronic system (except for personal data) has been introduced through the portal of the electronic system;
- a unified procedure for assigning and changing addresses for real estate objects has been introduced.
Powers of the DABI (DIMU) from June 1, 2020
From June 1, 2020, state architectural and construction control bodies have lost the right to independently:
- cancel urban planning conditions and restrictions (UPR), as well as issue mandatory regulations on amendments to UPR;
- terminate (cancel) the right to begin construction work acquired on the basis of a notification;
- terminate (cancel) the right to begin preparatory work acquired on the basis of a notification;
- annul (cancel) documents certifying the acceptance into operation of completed construction facilities.
DABI checks are not possible from March 18, 2020!
Urban planning conditions and restrictions – from 06/01/2020:
Amendments to urban planning conditions and restrictions may be made by the authority that issued them, at the request of the customer or by court decision.
Cancellation of urban planning conditions and restrictions is carried out:
- at the request of the customer;
- by court decision.
At the same time, in the event of cancellation of urban planning conditions and restrictions by a court decision, officials of the relevant authorized body for urban planning and architecture are liable in accordance with the law.
Construction permit (notification) – from 01.06.2020
The right to begin construction work, acquired on the basis of the submitted notification, may be terminated by the relevant state architectural and construction control body in the event of:
- submission by the customer of an application for termination of the right acquired on the basis of the notification of the commencement of construction work;
- receipt of information on the liquidation of the legal entity that is the customer;
- on the basis of a court decision that has entered into legal force.
From June 1, 2020, DABIs do not have the right to deprive a person of the right to perform construction work, acquired on the basis of a notification, in the case of:
- establishing during the inspection violations of the requirements of urban planning documentation, urban planning conditions and restrictions, non-compliance of the construction object with the design documentation for the construction of such an object, the requirements of building codes, standards and rules, violations of urban planning legislation in case of failure to comply with the requirements of the instructions of officials of the state architectural and construction control bodies.
A construction permit may be revoked by the state architectural and construction control body in the event of:
- submission by the customer of an application for cancellation of the permit for construction work;
- availability of information about the liquidation of the legal entity that is the customer;
- based on a court decision that has entered into legal force on the cancellation of urban planning conditions and restrictions and/or termination of the right to perform construction work.
From June 1, 2020, DABI does not have the right to cancel a construction permit in cases:
- establishing during the inspection violations of the requirements of urban planning documentation, urban planning conditions and restrictions, non-compliance of the construction object with the design documentation for the construction of such an object, the requirements of building codes, standards and rules, violations of urban planning legislation in case of failure to comply with the requirements of the instructions of officials of the state architectural and construction control bodies;
- systematic (two or more times in a row) obstruction of the inspection by officials of the state architectural and construction control body.
Documents certifying acceptance into operation (declaration and certificate of readiness) – from 01.06.2020
From now on, management in the field of urban planning and architectural and construction control is carried out by issuing (receiving, registering), refusing to issue or canceling (cancelling) documents that give the right to perform preparatory and construction works, and putting into operation completed construction facilities (except for canceling (cancelling) documents certifying the acceptance into operation of completed construction facilities)!
From June 1, 2020, in the event of violations of the requirements of the legislation in the field of urban planning activities committed by the objects of supervision, the chief inspectors of construction supervision have the right to suspend the effect of decisions made by the objects of supervision in accordance with the powers specified in this Law that violate the requirements of the legislation in the field of urban planning activities (except for documents certifying the acceptance into operation of completed construction facilities), with the simultaneous filing of a lawsuit in court to cancel such a decision and the subsequent publication of such information on the portal of the electronic system
