REALWorld Law


Environmental assessment and sustainability

What type of legislation exists dealing with environmental issues affecting building works and with promoting sustainable developments?



Provisions dealing with environmental issues in construction are contained in a number of environmental laws, specifically, Law of Ukraine ‘On Protection of Environment’ No. 1264-XII, dated 25 June 1991, Law of Ukraine ‘On Wastes’ No. 187/98-BP dated 5 March 1998, Law of Ukraine ‘On Protection of the Atmosphere’ No. 2707-XII, dated 16 October 1992, Law of Ukraine ‘On Environmental Impact Assessment’ No. 2059-VIII, dated 23 May 2017 and Law of Ukraine ‘On Ecological Audit’ No. 1862-IV, dated 24 June 2004.

On 22 June 2017, the Ukrainian parliament passed the Law of Ukraine ‘On Energy Efficiency of Buildings’, which is based on concepts elaborated in Directive 2010/31/EU. Most provisions of the law came into force on 23 July 2018, while rules related to mandatory certification of buildings came into force on 1 July 2019. According to the Law ‘On Energy Efficiency of Buildings’, the energy efficiency is a feature of a building characterizing the amount of energy needed for creating proper conditions for dwelling in such building. The energy efficiency of a building is determined based ‘Methodology for determination of buildings energy efficiency’, which was adopted by the Ministry of Regional Development and Construction of Ukraine on 11 July 2018. This methodology was elaborated with consideration of requirements of legislative acts of European Union, Energy Community and harmonized European standards in the sphere of energy efficiency.

From 1 July 2019, the energy efficiency certification is required to confirm that a building meets the energy efficiency requirements. Such certification is mandatory for:

  1. buildings under construction: new buildings, reconstruction and/or capital repairs of buildings, with medium and significant consequences, that are almost all residential and commercial buildings except for residential houses up to 4 floors high and buildings, where not more than 50 persons are located permanently or 100 persons – temporarily;
  2. state-owned buildings with heated area more than 250 sqm, which are occupied by a public authority and frequently visited by public;
  3. buildings with heated area more than 250 sqm, which are occupied by a municipal authority (in case of their thermic modernization); and
  4. buildings, where the thermic modernization is financed by public funds.

Following such certification, the energy certificate should be issued, which is effective for the term of 10 years. The energy certificate is a part of design documentation and should be issued before the commissioning. The detailed procedure for energy certification is described in ‘Procedure of energy efficiency certification and forms of energy certificate’ which was adopted by the Cabinet of Ministers of Ukraine on 11 July 2018.

In addition, on 18 December 2017, the Law of Ukraine ‘On Assessment of Environmental Impact’ came into force. According to this law, construction permits related to construction of objects, which have impact or may have impact (the list of such objects is provided in the Law and includes chemical enterprises, crude oil refineries, drilling works, agricultural enterprises, complex infrastructure objects etc.) cannot be issued prior to conducting an environmental impact assessment and the approval of that report.