Builders breathe freely, and the offenders have to "fork"

06.12.2010 20:40
For many years the reform of the construction industry in the Verkhovna Rada registered a bill that offers great opportunities for both developers and for those engaged in individual construction. Such an opinion on the draft law "On regulation of urban development," expressed a partner of law firm ILF, lawyer Jaroslav Onika. Recall that the document was registered late last week in the Verkhovna Rada of Ukraine.

The bill simplifies the procedures for obtaining approval and documentation for construction. In particular, the baseline data for the construction Gasque developers must deliver within 10 days without charge, construction companies do not need to agree on project documents with state authorities or local authorities. Positive aspect is the fact that it is now not required to obtain permission to start construction of individual houses, garden, summer, outbuildings and garages. To erect such facilities will be based on the construction of the passport.

"However, the normative document seriously tightening responsibility in the construction industry. Thus, the administrative fines for failure to state building codes and standards are increased in several times. Increased and the list of offenses for which a person may incur administrative liability, violating building laws ", - says J. Onika.

An interesting point in the bill is that the land public or community property will be provided for the construction of the decision of the executive body of the local council or local executive authorities on the basis of land sales, rather than local councils, as is done now. The list of cases where land can be transferred without the auction is extended by two points. One of them states that if the bid declared invalid because of the presence of only one buyer, the land is transferred to this single buyer. The second paragraph is authorized to transfer territory without auction in the case of renewal of the right of permanent use to the ownership or use of the site.

The bill excludes from the list of licensed types of business conduct land auctions. Now they will be able to carry out any person or entity. And any claim to such individuals in the bill does not provide.

In general, for efficient operation of the bill "On regulation of urban development," legislators should promptly adopt by-laws regulations, which, inter alia, be able to resolve all conflict of laws, says partner ILF.

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Law firm «ILF» (Inyurpolis). Law Firm ILF («Inyurpolis") was founded in 1994 and provides both legal advice and due diligence in business consulting. For many years the ILF has been consistently one of the leaders in the market
legal services and is among the TOP-50 law firms in Ukraine.

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