On 12 July 2022, Resolution of the Cabinet of Ministers of Ukraine "Certain Issues Regarding Permit and Registration Procedures for Construction under Martial Law" No. 722 ("Resolution") entered into force.
Highlights
The Resolution aims to simplify the registration and permit procedures for construction applicable throughout the martial law in Ukraine and for a certain amount of time after it ends or is canceled.
Detailed overview
The following applies for the duration of the martial law in Ukraine and within one year after it ends or is canceled:
1. The principle of tacit consent has been introduced
- In the case of failure to provide urban planning conditions and land development restrictions within the period prescribed by law, the construction design will be carried out without obtaining urban planning conditions and restrictions, subject to compliance with local urban planning documents and land use restrictions as provided in the laws on cultural heritage protection.
- Should the cultural heritage protection authority fail to approve the design documents within 30 days, they will be deemed approved by default. The customer must apply to the cultural heritage protection authority for design document approval using the electronic account in the Unified State Electronic System in the Construction Sector ("Electronic System").
2. Permit procedures for certain construction works are simplified
- Construction of individual residential, garden and country houses up to two stories high (not including the attic floor) with an area of up to 500 square meters, as well as utility buildings and structures, garages and landscape design elements of the land plot can be carried out by the customer without obtaining a construction passport for the land plot development. In this case, the customer must indicate in the construction commencement notice the registration number of the land development intentions layout (must be uploaded to the Electronic System) to be prepared by an architect or a design engineer.
3. Some approvals for the design of facilities near airfields are no longer needed
- Design documents for the construction of facilities with a nominal height of up to 20 meters located at least 1 kilometer from the takeoff runway lateral border and 2 kilometers from the takeoff runway thresholds will be developed without the approval of the airport operator, the State Aviation Service or the Ministry of Defense.
The following applies for the duration of the martial law in Ukraine and within three months after it ends or is canceled:
1. Certain works may be postponed
- Deadlines for certain facade decoration and landscaping works (except for those relating to transport passages and vehicle-to-pedestrian communications) may be postponed. In this case, the customer must indicate in the completion declaration or certificate the facade decoration and landscaping works that will be postponed and the deadline for their completion.
The Resolution also provides for the following:
1. The period for providing administrative services in the construction sector set forth in the Law of Ukraine "On Regulation of Urban Development Activities", which was suspended by the Resolution of the Cabinet of Ministers of Ukraine dated 28 February 2022 No. 165 "On the Suspension of the Period for Providing Administrative Services and Issuing Permitting Documents," has been renewed.
2. The electronic account of the competent officer of the cultural heritage protection authority in the Electronic System is to be implemented.
Pending the introduction of the State Register of Immovable Monuments of Ukraine and its linking to the Electronic System, the following operations will be carried out in the Electronic System exclusively through the electronic account of the competent officer of the cultural heritage protection authority:
- Approval of programs and designs for urban planning, architectural and landscape improvements, construction, reclamation, road and land works which may affect monuments of local importance, their territories and protection zones
- Issuance of permits for works at or within the territories and protection zones of monuments of national importance, in protected archaeological areas and inhabited historical areas
- Issuance of permits for works at or within the territories and protection zones of monuments of local importance (except for archaeological monuments), and registration of permits for archaeological exploration and excavation
