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Permits in construction

    Permitting documents or a building permit is a complex of several documents, the composition and procedure for obtaining which depends on the defining characteristic of the object - the class of consequences (responsibility) of the building or structure .

Class of consequences (responsibility) of a building or structure

Класс последствий

    Differences between a building and a structure (definitions in accordance with DK 018-2000 Sovereign classifier of life and sporud

https://dbn.co.ua/load/book/17-1-0-1023 ):

    Structures are building systems connected to the earth, which are created from building materials, semi-finished products, machinery and equipment as a result of various construction and installation works.

    Buildings are structures consisting of load-bearing and enclosing or combined (bearing-enclosing) structures, forming ground or underground premises intended for the residence or stay of people, placement of equipment, animals, plants, as well as objects.


Buildings include: residential buildings, dormitories, hotels, restaurants, commercial buildings, industrial buildings, stations, buildings for public speaking, for medical institutions and educational institutions, and the like.

    What is the building or structure consequences (responsibility) class for?

    Today this parameter determines how significant the decommissioning of your future facility is in terms of human safety, material and social losses. In simple words, government bodies in the field of construction and architecture give certain requirements within which it is necessary to design and build objects, both at the expense of investors’ own funds and at the expense of the state budget, so that the result obtained is of high quality and complies with all applicable standards.

    The more responsible the object, the more stages of its design and requirements for them, the more coordination procedures for construction.

   What document determines the class of consequences (responsibility) of a building or structure ?

DSTU-N B V.1.2-16: 2019 "Designated to the class of future life and spores" - Project at this stage

https://dbn.co.ua/load/normativy/dstu/dstu_n_b_v_1_2_16/5-1-0-1774

    What determines the class of consequences (responsibility) of a building or structure ? Depends on:

  • possible danger to the health and life of people who (stay inside the facility permanently or temporarily, as well as those who are in the adjacent territory) ;

  • possible material or social damage ;

  • the importance of the object in the historical sense ;

  • the level of the object in the state significance.

таблица классов последствий (ответсвенности) здания или сооружения

The procedure for passing the design and construction procedures for the class of consequences:

СС1
СС2

SS1​

Criteria for consequence class CC1

  • Danger for people permanently staying - up to 50 people ;

  • Danger for people temporarily staying - up to 100 people ;

  • Danger for people in the adjacent territory - up to 10 0 people ;

  • Material damage - up to 2500 MMW.

_cc781905-5cde-3194-bb3b- 136bad5cf58d_  

  • one-family private houses ;

  • residential buildings up to 4 floors

  • mobile homes ;

  • small public buildings ;

  • small trade enterprises ;

  • cafes and restaurants.

    Design and construction procedures for   Consequence Class CC1

  1. Obtaining a building passport or urban planning conditions and restrictions.

  2. Submission of a notice of the commencement of construction work.

  3. Carrying out a technical inventory and obtaining a technical passport of the facility.

  4. Completion and submission of the “Declaration of readiness for operation of the facility”.

  5. Registration of ownership of a new property or reconstructed.

SS2

 

Criteria for Consequence Class CC2 

  • Danger for people permanently staying - 51-400 people ;

  • Danger for people temporarily staying - 101-1000 people ;

  • Danger to people in the surrounding area -  101-50000  person ;

  • Material damage - 2501-72500 MMW.

_cc781905-5cde-3194-bb3b- 136bad5cf58d_  

  • residential and public buildings with a height of more than 73.5 up to 100 m ;

  • hotels, hostels, offices ;

  • trade and public catering enterprises ;

  • sports halls ;

  • polyclinics.

    Design and construction procedures for   Consequence Class CC2

  1. Obtaining town-planning conditions and restrictions.

  2. Development of technical and project documentation.

  3. Passing the examination of project documentation.

  4. Obtaining a building permit.

  5. Carrying out a technical inventory and obtaining a technical passport for the facility.

  6. Submission of the Application "On the acceptance into operation of the completed construction and the issuance of a certificate" to the GASK, obtaining a certificate.

  7. Assignment of the postal address of the object;

  8. Registration of ownership of real estate.

SS3​

Criteria for Consequence Class CC3

  • Danger for people permanently staying - over 400 people ;

  • Danger for people temporarily staying - over 1000 people ;

  • Danger to people in the surrounding area -  over 50000  person ;

  • Material damage - over 72,500 MMW ;

  • Objects of cultural heritage.

_cc781905-5cde-3194-bb3b- 136bad5cf58d_  

  • residential and public buildings over 100 m high ;

  • shopping and entertainment and multifunctional centers ;

  • universities, institutes, schools ;

  • hospitals, hospitals ;

  • large industrial facilities ;

  • infrastructure facilities ;

  • architectural monuments.

    Design and construction procedures for   Consequence Class CC3

  1. Obtaining town-planning conditions and restrictions.

  2. Development of technical and project documentation.

  3. Passing the examination of project documentation.

  4. Obtaining a building permit.

  5. Carrying out a technical inventory and obtaining a technical passport for the facility.

  6. Submission of the Application "On the acceptance into operation of the completed construction and the issuance of a certificate" to the GASK, obtaining a certificate.

  7. Assignment of the postal address of the object;

  8. Registration of ownership of real estate.

СС3
  • The building or structure is assigned the highest class of consequences (responsibility) upon the occurrence of at least one of the conditions;

  • A facility is considered to be permanently occupied if they are there for at least eight hours a day and at least 150 days a year. People who periodically visit the facility are those who are there for no more than three hours a day. Danger to the life of people is a possible violation of normal living conditions for more than three days;

  • The volume of possible economic damage is determined in accordance with the DSTU methodology;

  • The minimum wage (MW) is annually established by the Law of Ukraine;

  • Categories of cultural heritage objects are established in accordance with the current legislation;

  • Level value of communications and other engineering networks Established in accordance with applicable law.

Construction passport and town planning conditions and restrictions

Стройпаспорт

Construction passport for the development of a land plot (for СС1 )

    What is a building permit?

    A building passport is a document that defines a set of urban planning and architectural requirements for the placement and construction of an individual (estate) residential building , garden, country house not higher than two floors ( without taking into account the attic floor) with an area of up to 500 m2 , utility buildings and structures, garages, landscaping and landscaping elements of the land.

   What do you need to get a building permit?

  1. customer statement ;

  2. a duly certified copy of a document certifying the right of ownership or use of a land plot, or a superficies agreement;

  3. sketch intentions of development (location of buildings and structures on the land plot, distances to the borders of neighboring land plots and objects located on them, engineering networks and structures, facades and plans of objects indicating overall dimensions, a list of engineering support systems, including autonomous systems planned for use etc.);

  4. construction project (if any);

  5. duly certified consent of the co-owners of the land plot (residential building) for development.

   What is included in the building passport?

  • a package of documents provided by the customer;

  • scheme of development of the land plot;

  • memo to the customer of individual construction.

   Who issues construction passport and within what time frame?

The granting of a building passport is carried out by the authorized body for urban planning and architecture free of charge within 10 working days from the date of receipt of the relevant application and a package of documents, the list of which is determined by the central executive body that ensures the formation of state policy in the field of urban planning.

   What document regulates the building passport?

Law of Ukraine "On the regulation of local activities"

https://zakon.rada.gov.ua/laws/show/3038-17/page

Order "On the approval of the procedure for the issuance of a wake-up passport and forgetting a land plot"

https://zakon.rada.gov.ua/laws/show/z0902-11/paran15#n15

Urban conditions and restrictions_cc781905-5cde-3194- bb3b -136bad5cf58d_(for CC2 , CC3 )

    What are urban conditions and restrictions?

    Градостроительные условия и ограничения (містобудівні умови і обмеження, МБУіО)  - документ, содержащий комплекс градостроительных и архитектурных требований к проектированию and construction, in terms of determining the conditions for the number of storeys and building density of the land plot, the boundaries of buildings and structures from the "red" lines, the boundaries of the land plot, its improvement and landscaping.

   What do you need to get urban conditions and restrictions?

  1. customer 's statement;

  2. a copy of the document certifying the right of ownership or use of the land plot, or a copy of the superficies agreement

  3. a copy of the document certifying the ownership of an immovable property located on a land plot, or the consent of its owner, certified in the manner prescribed by law (in the case of reconstruction or restoration);

  4. excerpts from the topographic and geodetic plan M 1: 2000;

  5. extract from the State Land Cadastre;

   What is included in  urban conditions and restrictions?

  • text part ;

  • graphic materials.

   Who issues urban planning conditions and restrictions and within what time frame?

Urban planning conditions and restrictions are provided by the relevant authorized bodies of urban planning and architecture on the basis of urban planning documentation at the local level free of charge at the request of the customer

Urban planning conditions and restrictions are valid until the completion of the construction of the facility, regardless of the change of the customer.

   What document regulates urban planning conditions and restrictions?

Law of Ukraine "On the regulation of local activities"

https://zakon.rada.gov.ua/laws/show/3038-17/page

We don’t hope to change the objects of everyday life, for the design of such places of life, you don’t hope

https://zakon.rada.gov.ua/laws/show/z1437-17

Градусловия

Examination of project documentation

Экспертиза

    What is design documentation review?

    Examination is the process of checking design documentation in order to determine the quality of design solutions, their compliance with the design assignment and applicable design standards (building, sanitary, fire safety, etc.). e.)

Examination of construction projects is carried out in accordance with the procedure established by the Cabinet of Ministers of Ukraine by expert organizations, regardless of the form of ownership, which meet the criteria determined by the central executive authority. Experts on sanitary and epidemiological well-being of the population, ecology, labor protection, energy saving, fire, man-made, nuclear and radiation safety are involved in the examination, they passed professional certification, which was carried out with the involvement of representatives of the relevant central executive authorities, and received the appropriate qualification certificate.  

    Which objects are subject to mandatory examination?

  1. Those that, according to the class of consequences (responsibility), belong to objects with medium (CC2) and significant (CC3) consequences - in compliance with standards on sanitary and epidemiological welfare of the population, ecology, labor protection, energy saving, fire, technogenic, etc. . on compliance with the standards for creating an unhindered living environment for persons with limited physical activity and other low-mobility groups of the population.

  2. They are built in areas with complex engineering-geological and man-made conditions - in terms of strength, reliability and durability of buildings and structures;

  3. are constructed with the involvement of budgetary funds, funds of state and communal enterprises, institutions and organizations, as well as loans provided under state guarantees, if their estimated cost exceeds UAH 300,000 - according to the estimated part of the project documentation;

  4. are subject to environmental impact assessment in accordance with the Law of Ukraine "On Environmental Impact Assessment" in terms of taking into account the results of environmental impact assessment.

   Examination is not required for class CC1 , mandatory for - CC2 , CC3 .

The right to perform preparatory and construction work

Право СС1

Notice of the start of construction work

(for CC1 )

The right to perform preparatory work (if they have not been completed earlier according to the message about the start of preparatory work) and construction work at facilities, according to the class of consequences CC1, at  facilities, the construction of which is carried out on the basis of a building passport, is provided to the customer and the general contractor or contractor (in the event that construction work is carried out without the involvement of subcontractors) after notification of the commencement of construction work.

It is prohibited to carry out construction work without notification of the commencement of construction work.

In the event that the right to construct an object has been transferred to another customer or the persons responsible for the design and technical supervision have been changed, as well as in the event that the project documentation for the performance of construction work is corrected in accordance with the procedure established by law, the customer shall notify the relevant body of such changes within three working days state architectural and construction control.

The customer , in accordance with the law, is responsible for the completeness and accuracy of the data indicated in the notice submitted by him about the commencement of construction work, and for the performance of construction work without notice.

Obtaining a permit for construction work (for CC2 , CC3 )

 

The right to perform preparatory work (if they have not been performed earlier according to the notice of the start of preparatory work) and construction work at construction sites, according to the class of consequences СС2 and СС3 consequences or are subject to environmental impact assessment in accordance with the Law of Ukraine "On Impact Assessment on the environment", the connection of the construction site to engineering networks and structures is provided to the customer and the general contractor or contractor after obtaining a permit for construction work .

A permit to perform construction work is issued by the state architectural and construction control bodies free of charge within ten working days from the date of registration of the application.

If there is a permit for the performance of construction works, the receipt by the customer and the general contractor or contractor (if the construction work is carried out without the involvement of subcontractors) of other permit documents for the performance of construction works and the removal of green spaces within the construction site is not required.

To obtain a permit, an application is submitted, to which are attached:

  1. a copy of the document certifying the right of ownership or use of the land plot, or a copy of the superficies agreement;

  2. a copy of the administrative document for the comprehensive reconstruction of quarters (microdistricts) of obsolete housing stock during the complex reconstruction of quarters (microdistricts) of obsolete housing stock by order of state authorities or local authorities on the relevant lands of state or communal property (instead of a copy of a document certifying the right of ownership or use land plot);

  3. design documentation for construction is developed and approved in accordance with the procedure established by law;

  4. a copy of the document certifying the ownership of the building or structure, or the consent of its owner, certified in the manner prescribed by law, to carry out construction work in the event of reconstruction, restoration or major repairs;

  5. copies of documents on the appointment of persons responsible for the performance of construction work, and persons exercising architectural and technical supervision;

  6. information about the license giving the right to perform construction work, and qualification certificates;

  7. results of environmental impact assessment in cases specified by the Law of Ukraine "On environmental impact assessment".

In the event of a change in the persons responsible for carrying out architectural and technical supervision, or responsible executors of work, the customer notifies the relevant body of state architectural and construction control of such changes with the submission of duly certified copies of documents confirming these changes within three days from the date of their occurrence .

Law of Ukraine "On the regulation of local activities"

https://zakon.rada.gov.ua/laws/show/3038-17/page3

Право СС2

Technical passport for real estate

Технический паспорт

    Technical passport - a document compiled on the basis of technical inventory of a real estate object, contains basic information about it (location (address), composition, technical characteristics, plan and description of the object, name / name of the owner / customer, information about the ownership of the real estate object, information about the business entity that produced the technical passport, etc.) and is issued to the customer. The technical passport must be stitched, numbered and sealed with the signature of the head of the business entity who carried out the inventory, as well as the signature of the performer of work and the controller indicating the series and number of the qualification certificate for the right to perform work on the technical inventory of real estate objects;

Instructions on the procedure for conducting a technical inventory of real estate objects. Forms 

https://zakon.rada.gov.ua/laws/show/z0582-01

Acceptance into operation of completed construction facilities

Принятие 1

Declaration of readiness for operation of the object (for CC1 )

Acceptance into operation of completed construction objects, which, according to the class of consequences (responsibility), belong to objects with insignificant consequences (CC1) and objects, the construction of which was carried out on the basis of a building passport, is carried out by registering the declaration submitted by the customer by the relevant state architectural and construction control body free of charge on the readiness of the facility for operation within ten working days from the date of registration of the application.

If, after the registration of the declaration on the commencement of construction work, the name of the customer and / or general contractor has changed, etc., the new (changed) name of the indicated persons shall be indicated in the declaration of readiness of the object for operation, which is submitted for registration (if they must be indicated in the declaration form) and an indication that the name change took place in connection with a change in the type of joint-stock company or in connection with the transformation of the joint-stock company into another economic company. If there is such an indication in the declaration of readiness of the facility for operation, the state architectural and construction control body has no right to return such a declaration on the grounds of different names of the indicated persons in the declaration on the start of implementation construction works and in the declaration of readiness of the facility for operation.

Law of Ukraine "On the regulation of local activities"

https://zakon.rada.gov.ua/laws/show/3038-17/page3

On the acceptance into operation of the completed construction facility (for CC2 , CC3 )

Acceptance for operation of completed construction objects, according to the class of consequences (responsibility) refers to objects with medium (CC2) and significant (CC3) consequences, is carried out on the basis of an act of readiness of the object for operation by issuing a certificate by state architectural and construction control bodies in the manner determined by the Cabinet Ministers of Ukraine.

If, after the issuance of a permit for construction work, the name of the customer and / or general contractor and / or general designer, etc. has changed, the new (changed) name of these persons is indicated in the act of readiness of the object for operation and in the application for issuing a certificate (if it is necessary to indicate them according to the form of the act and the application of these persons) with an indication that the change in name took place in connection with a change in the type of joint-stock company or in connection with the transformation of the joint-stock company into another economic company. If there is such an indication in the act of readiness of the facility for operation and in the application for the issuance of a certificate, the state architectural and construction control body is not entitled to refuse to issue a certificate on the basis of various names of the indicated persons in a permit to perform construction work and in the act of readiness of the facility for operation and in the application on issuing a certificate.

Law of Ukraine "On the regulation of local activities"

https://zakon.rada.gov.ua/laws/show/3038-17/page3

Принятие 2

Current forms for preparatory and construction work, as well as for the acceptance into operation of the completed building, can be found on the website:  
https://dabi.gov.ua/blanky-dokumentiv/

Ссылки на актуальные бланки

Forms for preparatory and construction work

Cholovsky K

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