Recently, cases of long-term housing construction have become more frequent in Ukraine, which for a long time cannot be put into operation in accordance with the procedure established by law, and for the financing of which funds from individuals and/or legal entities were mainly involved.
As a result, co-owners of property rights in problematic housing construction projects cannot exercise their constitutional right to housing.
Among problematic housing construction projects, there are also those that have already been actually built and inhabited, but cannot be put into operation in accordance with the requirements of the law, in particular due to the failure of construction companies to complete the construction work they have begun, the inability of individuals who invested in problematic housing construction projects to complete such construction work independently, improper execution by customers of documents granting the right to perform preparatory and construction work, etc.
The draft Law was developed to regulate legal relations that arose in connection with the involvement of funds from individuals and/or legal entities in the construction of problematic facilities and to determine the mechanism for completing the construction of such facilities.
In order to solve the existing problem, the draft Law provides, in particular:
- creation by regional, Kyiv and Sevastopol city state administrations of commissions to conduct technical inspections of housing construction facilities;
- conducting technical inspections of problematic housing construction facilities in order to assess the technical condition of the facility and drawing up a corresponding report, which necessarily indicates the possibility/impossibility of further safe completion of the construction of the facilities or suitability for further operation;
- approval by the Cabinet of Ministers of Ukraine of an exhaustive List of problematic housing construction facilities;
- approval by local self-government bodies of local target programs for completion of construction, which include a set of interrelated tasks and measures, agreed on terms and resource provision, aimed at organizing the completion of the construction of problematic housing construction facilities;
- creation/determination of municipal enterprises that will perform the functions of customers for the completion of the construction of problematic housing construction facilities.
In order to implement the provisions of the draft Law, it is proposed to amend the Commercial Procedural Code of Ukraine, the Laws of Ukraine “On Court Fees”, “On State Registration of Real Rights to Real Estate and Their Encumbrances”.
The Ministry invites all interested parties to join the public discussion of this draft law, which is available on the Ministry’s website.
The Ministry of Regional Development accepts comments and suggestions on the draft law by e-mail and regular mail within a month to the following address:
Ministry of Development of Communities and Territories of Ukraine,
Legal Department (01601, Kyiv, Velyka Zhytomyrska St., 9)
Based on materials from Build Portal
