What is the process for obtaining permission for development or carrying on a new designated use?
Under Ukrainian legislation permission for development is granted by means of the authorization of plots of land for construction purposes by the local councils, state administrations or the State Service of Ukraine for Geodesy, Cartography and Cadastre (depending on the location, the ownership and zoning of the plot of land) and the issuance of initial data for planning by the authorized local architectural and construction authorities to the owners and users of those plots of land ready for development subject to consideration of applications to be made by those owners and users. Provided that construction is in line with existing town planning documentation and the zoning of the plot of land, the owner/user of the plot of land should obtain town planning conditions and restrictions for development of the plot of land, which represent an authorization to commence planning works.
The complexity of the construction procedure depends on the complexity of the building.
Technically simple buildings may be constructed without the development and approval of planning documentation and based on declarations of commencement and completion of construction works.
The planning documentation for a complex building should be approved by the independent experts which are certified for such works. The expert organizations are entitled to involve the state land resource, environmental, sanitary and other competent authorities in the conduct of an expert review of the documentation. After approval of the planning documentation the Permit for the Carrying out of Construction Works (the document allowing commencement of construction works) should be obtained from the central state authority responsible for the state policy in respect of state architectural and construction control and supervision (at the moment such authority is newly created State inspection of architecture and town planning of Ukraine that have to replace State Architectural and Construction Inspectorate of Ukraine) and, from 1 September 2015, also from the relevant local municipal authority). Before approval of the planning documentation only preparatory works (eg excavation works) may be undertaken subject to obtaining a Permit for the Carrying out of Preparatory Works.
Be aware that creation of the State inspection of architecture and town planning of Ukraine was provided by Resolution of the Cabinet of Ministers of Ukraine No 1340 dated 23 December 2020. The newly created authority is in the process of being established.
In October 2015 an initiative to submit construction documents required to obtain a permit electronically was launched. Thus, the relevant notification as to the commencement of preparatory or construction works, as well as the declarations on completion of construction may be submitted on-line via the web-site of the electronic administrative services. Starting from 30 November 2020 documents allowing commencement of construction works (except technical simply building and works) should be obtained electronically.
On 17 January 2017 the Parliament adopted a law implementing a new classification of buildings. The law came into force on 10 June 2017. Thus, Town Planning Law divides all buildings by three classes of consequences instead of 5 existing categories of complexity: I class of non-essential consequences – technically simple buildings, II class of medium and III class of essential consequences – technically complex buildings. Based on new amendments to town planning legislation, the buildings of I class of consequences may be constructed after development of project documentation based on notification on commencement of construction works. The buildings of II and III class may be constructed after development of project documentation, which is subject to mandatory expertise, based on the Permit for the Carrying out of Construction Works. The buildings of I class of consequences are commissioned based on the declaration on completion of works, and buildings of II and III classes of consequences based on the act and certificate of readiness for exploitation.