Ukraine: State Architecture And Construction Inspectorate Clarified The Issues Of Major Repairs And Completion Of Declarations Of The Beginning Of Construction

The State Architecture and Construction Inspectorate issued a letter No. 40-11-2440 dd. 06.04.2012 "On Providing Clarification on the Repair and Completion of a Declaration of the Beginning of Construction." The Inspectorate explained that construction work on objects that are being constructed based on the construction passport, which do not require registration of the declaration of the beginning of construction or a construction permit (as per list approved by CMU), shall be performed after the customer reports on the beginning of construction work to the Inspectorate at the location of the construction site. According to clauses 1 and 2 of the Procedure for Performing Construction Work approved by the Cabinet of Ministers on 13.04.2011, No. 466, construction work includes work on new construction, reconstruction, restoration and repair of objects.

Construction work relating to construction objects referred to complexity grades I – III shall be performed after the Inspectorate registers the appropriate declaration on the beginning of construction work. Commissioning of completed construction objects related to complexity grades I - III, and of objects constructed on the basis of the construction passport shall be made by registering at no charge the declaration of readiness of the object for operation, which should be provided by the customer to the appropriate Inspectorate.

Liability for performing construction work without having registered the declaration of the beginning of such work is provided for by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Strengthening Liability and Improving State Regulation of Urban Development."

The Inspectorate also reminds that reconstruction, restoration or repair of construction objects without changing the external geometric dimensions of their bases in the plan, as well as the reconstruction or repair of roads, railways, power lines, communication lines and other line of communication within the lands of their placement can be conducted in the lack of the document certifying the title to that land or the right to use it.

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