Simplification of licensing procedures in construction

25.06.2010 16:45
Is the theme of the roundtable, which took place today, June 25 Minregionstroy with participation of heads of construction companies in Ukraine and the State Architectural and Construction Inspection.

Creating a favorable investment climate as a result of regulatory change is regarded as a key task of urban planning policy at the present stage. With this in mind, the priority is to improve the legislation in the sphere of urban development and its approach to world standards. Achieving these goals at this stage may primarily by simplifying the licensing and the negotiation procedures in the field of urban planning at the legislative level.
In recent years Minregionstroya implemented consistently work to improve the legislative framework in the field of urban development, aimed at including the maximum simplification of the permitting system.
According to the results of the implementation of the Law of Ukraine from 16.09.2008 № 509-VI «On amendments to some laws of Ukraine on facilitating the construction of:
- Do not design and construction of individual buildings and structures are not consistent with the general plan the settlement and other town planning documents;
- The procedure for granting local authorities a building permit is changed to the granting of one of the components of the source data for the construction, urban conditions and restrictions of building land plot (number of storeys and building density, etc.). Removed the need for approval by the local council urban conditions and limitations in the case of matching intentions of building the local rules of building;
- Exclude additional coordination with organizations and enterprises, which provide specifications for engineering maintenance facilities of Urban Development;
- Settle procedures of local governments to hold public discussions of urban planning documents.
A draft Law of Ukraine № 2464 from 12.05.2008 "On Amendments to Some Laws of Ukraine on improving state regulation of housing construction."
In order to simplify licensing procedures in the construction of this Act to settle such questions.
- Simplified procedure for making facilities in operation (instead of the state commissions - Certificate of Conformity), and in special laws were the norm, which must be removed. Therefore, changes are made in 6 of the laws, which include:
- Simplifies the examination of investment programs and construction projects. Excluded provision for participation in its conduct of organizations subcontractors;
- Permission for construction works in case of reconstruction or repair of roads, railways, other line of communication within the existing rights of way granted without the submission of the document certifying the ownership or land use;
- Provided acceptance into service by the simplified procedure of private houses farmsteads, cottages and houses with farm buildings and buildings built before December 31, 2008 p., which were built without a permit for construction works;
- Two types of compulsory insurance (building and construction works and property risks), which created an additional burden on investors and developers, and complicate the start of construction, made voluntarily.
A separate bill, entitled "On Amendments to Certain Legislative Acts of Ukraine" Minregionstroya developed and sent for approval to one more legislative proposals.
Their essence is to reduce the segment object, which is necessary for the construction of the development of urban conditions and restrictions on land development (prior to new construction and reconstruction of significant change in the geometrical parameters) and providing the possibility of forming Minregionstroya list of objects for the design of which receive urban conditions and restrictions is optional .
Need for such changes due to the fact that currently, under current legislation, the development of urban conditions and restrictions necessary for all types of construction areas, which include not only new construction and reconstruction, and restoration, repair, improvement of existing facilities of urban development, expansion and technical re-equipment of enterprises.
In addition, with the active participation Minregionstroya, together with the Verkhovna Rada Committee on Construction, Urban Development and Housing and regional policy carried out a set of works to finalize and draft Town Planning Code, prior to its consideration at the Verkhovna Rada of Ukraine as a first reading.
Draft of this legislation reached a substantial simplification of licensing and the negotiation procedures by eliminating from the list of town-planning documentation of key documents - urban studies, virtually the only form of urban planning documentation, which is used to justify the placement of individual objects in the existing urban development and document based on which local self-regulate the issue of placing such facilities at its own discretion without taking into account public opinion and the requirements of general plans of settlements.


1. Ensure transparency in the issuance of permits for construction work

During 2009, Gosarhstroyinspektsiey developed a unified system of registration permits for the preparatory and construction works, approved the orders of formation, maintenance and storage of cases on the issue of certificates of compliance and permits.
The scope of regulation Gosarhstroyinspektsii include the following documents allowing character as:
1) permission to carry out preparatory work:
2) permission to carry out building works:
3) the certificate of conformity - the document certifying the conformity of the completed project design documents, state building codes, standards and regulations.
4) certificate of conformity of private houses farmsteads, cottages and houses with shopping facilities and public buildings, building codes, standards and regulations.

2.Problemni issues that arise when making facilities in operation
Article 30 of the Act on Planning and Development and approved on this basis the Cabinet of Ministers of Ukraine dated 08.10.2008 № 923 "About the Order of adoption
in operation after construction of facilities "comprehensively reform the system of adoption in the operation of the completed project.
This will greatly simplify this procedure, to move away from its excessive zaadministrovanosti, shorten the period for acceptance into operation the completed project.
In turn, increased demands on the quality of the end product of construction, its operational durability and strength.
Resolution of the Cabinet of Ministers of Ukraine from 09.09.2009 № 1035 approved the adoption of interim order for operation after the construction of private houses farmsteads, cottages and houses with farm buildings and houses built without a permit for construction works.
This was the first significant step in the direction of the state to establish order in matters of unauthorized construction.
Adoption of this interim order has allowed large numbers of individuals to take-up of their residence and place your right of ownership to them.
Unfortunately, local governments do not contribute to the implementation of this order, and in some cases even retard. In most regions are still not approved and not established mechanism for issuing certificates for making these facilities into operation.
Simultaneously, the question remains unresolved registration of title documents to illegally constructed objects of public and industrial use, facilities and telecommunications.
Said question may be settled by appropriate action of the Government, over which Gosarhstroyinspektsiya already running.
Draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on improving state regulation of housing construction" (registration number 2464), adopted by the Verkhovna Rada of Ukraine as a whole at the meeting of May 11, 2010, management of state architectural-building control will be excluded from the Law of Ukraine "On main principles of the State Supervision (Control) in the sphere of economic activity."
This will greatly strengthen the measures of state architectural-building control through scheduled and unscheduled inspections of construction projects, ie rapid response to violations of the law in the construction industry.
In the Act provision is included for the construction of facilities built before January 1, 2008. Such objects are taken into operation on the basis of the report and the document certifying the land ownership. After the entry into force of this Act Government Resolution № 1035 will be abolished, and the order of adoption will be determined by order Minregionstroya.

3. Simplifying the procedures for granting permits for construction work
Article 29 of the Act on Planning and Development, "established a transparent, understandable and accessible to the customer order granting permission for construction works.
At the same time, the rules of that article of the law takes into account the interests of the state and territorial communities on proper control of construction, including construction of multifamily housing for the funds of investors - individuals.
Pursuant to Art. 29 of the Law of Ukraine "On the Planning and Development" developed Gosarhstroyinspektsiey order granting permission to perform preparatory work and the procedure for granting permission for construction works, which were approved by the Cabinet of Ministers of Ukraine dated 30.09.2009 № 1104.
In order to simplify licensing procedures in the construction of the decree of the Government approved a list of construction work on the implementation of which does not require a permit, which significantly increased compared with the previous one.
In addition, the initiative Gosarhstroyinspektsii Law of Ukraine "On the Planning and Development," added a new article twenty-eighth, which clearly resolved the procedure for granting and withdrawal of authorization to perform preparatory work and established an exclusive list of documents to retrieve it. Resolving this issue has reduced the overall construction period of the object, since the customer and the contractor can carry out preparatory work for construction until the final design documentation and implementation of its comprehensive expertise.

4. Improving the licensing system in construction
Parallel to the process of reforming the system of state architectural-building control is reforming the system of licensing of construction activity.
Under the new procedures for licensing of certain types of economic activity in construction significantly reduced the number of documents required for obtaining a license. Also created the conditions for space as close as possible to obtain licenses to the location of the organization, issues a license.
All these actions are aimed at supporting the professional construction and design organizations to prevent the ingress to the construction market of unskilled organizations, as well as establishing the principles of fair competition.
The new system will introduce elements of self-regulation. At today's decision to issue a license is made based on the conclusion of leading experts.
Licensing for the new procedure contributed to a building complex joined the powerful new forces that can fully meet the needs of society and the state as a whole.
But the practical application of the new order and showed the need for a mechanism of control by the licensing body for the activities of institutions and organizations authorized to conduct the examination. That is, the chain, are building complex - the customer - an expert organization, needs to be improved in terms of regulatory framework. Relevant proposals are already being prepared.
Victor Kovalenko
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