В Україні продовжується реформування органів державного архітектурно-будівельного контролю та їхніх повноважень. Звернемо увагу на основні зміни, які стосуються можливості органів архітектурно-будівельного контролю (ДАБК) скасовувати дозвільні та інші документи, необхідні для ведення будівництва.
In Ukraine, the reform of state architectural and construction control bodies and their powers continues. Let’s pay attention to the main changes that relate to the ability of architectural and construction control bodies (DABC) to cancel permits and other documents necessary for construction.
These amendments to the Law of Ukraine “On the Regulation of Urban Development Activities” will enter into force on June 1, 2020:
1. PROHIBITION OF DABC BODIES TO CANCEL URBAN PLANNING CONDITIONS AND RESTRICTIONS, AS WELL AS TO ISSUE MANDATORY PRESCRIPTIONS ON MAKING CHANGES TO THE MUO.
Urban development conditions and restrictions are a document that is received by the developer before the start of construction and defines the main design requirements.
how was it MUO could be canceled by the chief inspectors of construction supervision. The reasons could be the non-compliance of town planning conditions and restrictions with town planning legislation, town planning documentation at the local level, building regulations.
The chief inspector could also issue an order on mandatory changes to the MUO.
How will it be? From June 1, 2020, cancellation of urban planning conditions or changes are possible only:
- at the request of the customer.
- by court decision.
2. IMPOSSIBILITY OF DABK BODIES TO CANCEL NOTIFICATION OF THE START OF PREPARATORY OR CONSTRUCTION WORKS ON THEIR OWN INITIATIVE.
Let’s pay attention to the notification about the start of construction works.
After submitting a notification on the start of construction works, it is allowed to build: objects that, according to the class of consequences, belong to SS1, objects whose construction is carried out on the basis of a construction passport.
how was it The right to start construction work could be revoked by the architectural and construction control body if certain violations were found during the inspection. This is a violation of the requirements of urban planning documentation, MOU, non-compliance of the construction object with the design documentation for construction, the requirements of building norms, standards and rules, violations of urban planning legislation in case of non-fulfillment of the requirements of the orders of the officials of the DABC bodies.
How will it be? Termination of the right to perform construction works is possible only by a court decision that has entered into force. Termination at the request of the customer and liquidation of the customer by a legal entity also remain grounds.
3. CHANGING THE GROUNDS FOR CANCELING A CONSTRUCTION PERMIT.
After obtaining a permit to perform construction works, the customer is granted the right to perform construction works on construction sites that, according to the class of consequences, belong to objects with medium (СС2) and significant (СС3) consequences or are subject to an environmental impact assessment in accordance with the Law ” On environmental impact assessment”, the right to connect the construction object to engineering networks and structures.
how was it The permission to perform construction works could be canceled, in particular, in the following cases:
– establishment during the inspection of violations of the requirements of urban planning documentation, MOU, inconsistency of the construction object with the design documentation for the construction of such an object, etc.
– cancellation of town planning conditions and restrictions
– systematic obstruction of inspection by officials of the DABC body.
How will it be? The DABC authority will be able to cancel the permit only if there is a court decision that has entered into legal force, on the cancellation of the MOU and/or the termination of the right to perform construction works.
The customer’s application and the liquidation of the customer’s company are also grounds.
4. THE RIGHT TO CANCEL THE DECLARATION ON THE FACILITY’S READINESS FOR OPERATION WILL BE POSSIBLE ONLY ON THE BASIS OF A COURT DECISION.
But this does not mean that from June 1, 2020, DABK authorities will stop inspecting construction.
During the inspection, officials of the DABC will have the right to stop preparatory and construction works that do not meet the requirements of legislation, building regulations, MOU, the approved project, and are carried out without acquiring the right to perform them. Such suspension is possible until the violations are eliminated.
In the case of systematic obstruction of the inspection, non-fulfillment of the requirements of the orders of the DABC bodies regarding the elimination of violations, the DABC body applies to the court with a claim to terminate the right to perform preparatory or construction works. If such a claim is not filed within 2 months from the date of expiry of the deadline for the developer to remedy the violations, preparatory or construction work may resume (unless there is no corresponding notice of commencement of execution or permit).
These are only those changes related to the loss of the DABK authorities’ ability to independently cancel documents giving the right to perform construction works.
Other changes that are expected in the field of urban planning will be the subject of other publications.
Photo: Pixabay
You may like