Permit to start construction work

Since September 1, 2013, the DSTU-N B V.1.2-16:2013 adopted by the Ministry of Regional Policy has been in force, which determines the class of consequences (liability) and the category of complexity of construction projects.

The Law of Ukraine "On Standardization" dated 17.05.2001 No. 2408-III provides a comprehensive answer regarding the need to obtain special permits to start construction work: "Standards shall be applied on a voluntary basis, except when the application of these standards is required by technical regulations. "High-risk facilities, i.e. those that, according to the law, pose a real threat of a man-made and natural emergency, are classified as category V of complexity (Article 1 of the Law of Ukraine "On High-Risk Facilities"). The DCTU-N B V.1.2-16:2013 is applied only on a voluntary basis. Construction works without the relevant document authorizing such works are considered unauthorized construction and entail liability under the law.

The principle of "tacit consent" applies to the issuance of a permit: if no permit or refusal is issued within the specified period, the company acquires the right to carry out construction work on the tenth business day after the date of registration of the application, and the permit is deemed to have been issued.

The general principles for obtaining the right to perform construction works are set out in Articles 34 and 37 of the Law of Ukraine "On Regulation of Urban Development Activities." Construction works on objects of IV and V categories of complexity may be performed only after the State Architectural and Construction Inspectorate issues a permit for construction works to the customer.
The procedure for obtaining a permit and its form are set forth in the Procedure for Construction Works approved by the Cabinet of Ministers of Ukraine dated April 13, 2011, No. 466. Documents for obtaining a permit are accepted by the permit center at the location of the construction project.

Documents for obtaining the permit:

• application for a permit to perform construction works;
• a copy of the document certifying the right of ownership or use of the land plot, or a copy of the superficies agreement;
• project documentation for construction;
• a copy of the document certifying the ownership of the building or structure, or a written consent of its owner to carry out construction works in case of reconstruction, restoration, overhaul of the object;
• copy of the license for the right to perform construction works (if necessary);
• copies of documents on appointment of persons responsible for construction works and persons performing author's and technical supervision;
• copies of qualification certificates.

The construction permit is issued free of charge. The permit for a facility whose project has been approved by the Cabinet of Ministers, which is located in several regions or whose impact will extend to two or more regions, is issued by the State Architectural and Construction Inspectorate, and for another facility - by its territorial body at the location of the facility.

A refusal to issue a permit may be appealed in court.

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