Careless developers have rushed to change the documentation of buildings erected or to rebuild their

08.12.2009 09:43
Articles about real estate | Careless developers have rushed to change the documentation of buildings erected or to rebuild their In Ukraine there are about a dozen different types of building standards, including those inherited from the former Soviet Union. As a result, the rules governing the erection of buildings more than 150 papers, most of whom are not even legal acts. Change the situation called signed last week by the President a new law on construction standards, "wrote Business Capital.

According to lawyers, many rules can find except in libraries. Nevertheless, they continue to operate. And checking if they wish can "dig" has izzhivshy a standard that is not complied with the builder, and apply penalties. The new law requires streamlined construction standards: outdated should be repealed, topical - are decorated in the form of regulations.

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In addition, Minregionstroy and other authorities, which will generate such documents requested to publish them on Web sites in the public domain. "We hope that the standards, which are mainly formed during the time of the Soviet Union, will be aligned with the possibilities of modern construction, such as ensuring regulatory control of the pilot or the use of modern building materials", - believes deputy director general construction company TMM Alex Govorun .

If officials will approach the process of streamlining building codes formally, can be legitimized and outdated standards, as well as those that were still recommendatory or mandatory only when the erection of buildings for the budget.

And legalization would not challenge them in court. "Now, if the developer has decided to bypass this or that rule, for example, wanted to erect a detached dwelling house of four stories, not three, as prescribed, competent lawyer could easily challenge the obstacles to such construction standards in court because existing rules are not designed in normative-legal act.

Once all the standards will be embodied in regulations to do so will not succeed ", - says a senior lawyer of the firm" Vasil Kisil & Partners Natalia Datsenko-Belous.

Moreover, those companies that did not have time to pass the object in operation until the completion of sequencing of construction norms and during the work allow deviations from the standards set forth, have to "adjust" its creation under the new requirements - to adapt the documentation or the building itself. All this could trigger an increase in corruption in the industry: at the time of the object member selection committee will have to provide more powerful arguments that they turned a blind eye to violations.

No less corrupt and may be the procedure of development of new building standards. It provides that the state represented Minregionstroya and other ministries and departments, which will create its Industry specific standards that must hold a tender for the selection of the developers of such standards.

However, as stated in the law, only if development costs exceed the limitation of tender laws, below which government purchases are carried out without competition. "The law contains conflicting information as to what is the development of building codes: the service (in this case, the tenders should be conducted at a cost of more than 100 ths.) Or work (over 300 thousand).

Therefore, this provision is likely the customer will be applied in its sole discretion, that is, the performer will be selected without a tender, "- said a senior partner of law firm Arzinger Timur Bondarev. In addition, the new law contains a special clause: the object of procurement is every particular rule, rather than a set of standards.

"Based on this fragmentation is unlikely to develop at least one new building standards will be" bought "on a competitive basis. And it is clear that above them continue to work close to Minregionstroy institutions that have long ceased to be public "- admits Natalie Datsenko-Belous.

Provision of "basic organization of scientific-technical activity" (the company that will develop standards) in the construction of the law requires the Cabinet to develop, and the list of organizations that can claim the right to develop building codes, must prepare, in accordance with the approved provision Minregionstroy. In recent years, from the Treasury to write new building codes were allocated to 10 million USD. However, if all of them will be rewritten anew, the cost of these procedures could increase by several times, thus increasing interest and corrupt the process.

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