What you need to know before building?

27.06.2011 00:45
Articles about real estate | What you need to know before building? At first glance it might seem that if the land allocated for construction and operation of a residential building, the owner can do on your site that you want (within the purpose of land).

In fact, the law imposes numerous restrictions on "building a fantasy," the builder. Therefore, when planning to build a house, you need to know what are the main groups of regulatory documents, the requirements to be considered when designing and building a house.

Related article: The authorities have allowed developers to voluntarily remove green spaces

The first group of regulations governing the construction, is planning documentation. Concept and a list of town-planning documents established by the Law of Ukraine "On the building and planning areas." According to Part 4 of Art. 1 of the Act planning documentation - is approved text and graphics, which govern the planning, construction and other use areas.

Planning documentation includes (Article 1 of the Law of Ukraine "On the building and planning areas"):

planning scheme areas - urban planning documentation, which defines the fundamental solutions for planning, building and other land use administrative units and their individual parts.
master plan for the settlement - urban planning documentation, which indicates the fundamental solutions development, planning, construction and other uses of the territory of the settlement.
detailed site plan - urban planning documentation, which is being developed for individual regions, districts, neighborhoods and areas of reconstruction of the existing building settlements.

An important document is also a development project areas - documentation, which has features such as urban planning and design. Development project area is being developed for construction of building complexes and buildings.

For cases where it is necessary to carry out construction in the territory for which none of the above types of planning documentation is not approved, the law provides for the implementation of the so-called town-planning study. The procedure for its implementation is provided DBN B.1.1-4-2002 "Content, content, procedure development and approval of urban studies."

Urban justification - it's kind of town-planning documentation, which is being developed for the construction of the individual case. Urban study (after the development and approval) becomes part of the planning documentation.

Attention! At each territorial level is developed and approved documentation, which after its adoption is mandatory for the documentation of a lower territorial level and the implementation of any construction, including private residential homes.

All of the above regulations are developed on the basis and in accordance with such a fundamental document as a general scheme of planning the territory of Ukraine (defines the principles of planning and development of the territory of Ukraine in accordance with agreed programs of socio-economic development). General scheme approved by the Supreme Council of Ukraine (Article 6 of the Law of Ukraine "On development and initial planning of the territories").

At the regional level - regions, districts and the Autonomous Republic of Crimea (ARC) - "rules" are established through the adoption of regional (district councils) or, respectively, the Supreme Council of ARC planning schemes the region or area, or ARC (Article 7.9 of the Law of Ukraine "The building and planning of the territories").

The local councils (cities, villages, town and cities of Kyiv and Sevastopol) state the general plans of settlements planning scheme on their territories and detailed plans for areas (art.10-13 of the Law of Ukraine "On development and initial planning of the territories").

The legal basis for the development of planning documentation and implementation (at its base) building areas are also the following regulations (article 20 of the Law of Ukraine "On the building and planning areas"):

State building codes;
Local rules of building;
Local rules of building.

DBN and snip

State Building Codes. Commonly used is the symbol of the normative document in the Ukrainian language: DBN - Derzhavnі budіvelnі standards. To avoid confusion, we will also use this name.

DBN develop and approve a specially authorized central executive authority on urban planning and architecture. Today it is the Ministry of Regional Development and Construction of Ukraine (Minregionbud). Earlier (in different periods of Ukrainian history) of the central executive authority on urban planning and architecture served: State Committee of the Ukrainian SSR for Construction, USSR State Committee for Architecture, Construction and protection of historical environment, the Ministry of Investment and Construction, Ministry of Construction and Architecture, State Committee for Urban Planning and Architecture, State Committee on Construction, Architecture and Housing Policy of Ukraine, the Ukrainian State Committee on Construction and Architecture, Ministry of Construction, architecture and housing policy in Ukraine.

Existing normative documents in construction are also Building Regulations (SNIP). Construction regulations were adopted during the Soviet era, but they operate on the territory of Ukraine if the corresponding DBN are absent.

Construction in Ukraine should also consider the requirements of such regulations as:

State standards of Ukraine. In the Ukrainian language, these regulations are called Derzhavnі standardization of Ukraine (DSTU). Kind of DSTU are Public Sector Standards (Galuzevі standardization Ukraine - GATS). They are developed in cases where the required state standards are not available, or when it is necessary to establish requirements that exceed or supplement the state standards. Grounds and procedure development and approval of state standards are governed by the Decree of Ukraine "On standardization and certification;

State sanitary rules and regulations that are developed and approved by the Ministry of Health of Ukraine in accordance with the Law of Ukraine "On ensuring sanitary and epidemiological welfare of population."

Regional regulation of building

Regional development regulations (Article 21 of the Law of Ukraine "On the building and planning of the territories") are developed on the basis of typical regional construction rules approved by the specially empowered executive authority on architecture and town planning.

Nowadays in Ukraine there are types of regional building regulations, approved by Order of the State Construction Committee of Ukraine on December 10, 2001 № 219. Regional rules for the construction of the territory claimed the regional councils or the Supreme Council of ARC after aligning them with the central executive authority on architecture and construction. Regional development regulations are binding on all subjects of Urban Development (legislative and executive authorities, individuals and legal entities) in the region (except the cities of regional importance, national importance of the ARC - if approved by the respective councils of local construction rules, as well as the cities of Kiev and Sevastopol) .

Local building regulations

Local rules of building in mandatory developed for the cities of Kiev and Sevastopol, cities of regional importance, the cities of national significance, the ARC (Article 22 of the Law of Ukraine "On the building and planning of the territories"). For other settlements (villages, townships, cities of regional value) local regulations can be developed and approved by the relevant local councils.

What the law requires of us?

The importance of planning documentation and other statutory construction documents for a private developer is the following. The planning process identified areas for housing can be a single architectural decisions or requirements. They may relate to-rise residential buildings (planning documentation often sets the limit storey building), their location on the site, and even stylistic decisions.

For example, paragraph 3.19 DBN 360-92 ("Town Planning. Planning and development of urban and rural settlements") establishes certain requirements that need to know before designing a house. These requirements are as follows:

maximum storey manor houses (and manor buildings is often the area lined with private houses) should not exceed four stories;
storey building, limiting the size of houses, building area, the requirements for commercial buildings, their structure, fence sections, landscaping shall be established by local rules of building, depending on the size of plots, the conditions of the engineering equipment, insolation (light conditions) houses and territories, and other regulatory requirements and regional traditions;
width of the estate on the front street to be taken depending on the district planning structures, terrain, type of dwelling houses, outbuildings and garages with the view to ensuring the compactness estate development and compliance gaps between buildings;
houses on private land should be placed in accordance with the project construction area and with the established setback of the red lines;
backyard fence should not act as the red line the streets.

With respect to the garden and cottages DBN 360-92 (§ 3.48) defines:

limiting the size of the square-rise buildings and a garden house and outbuildings on the site are determined by statute gardening association or cooperative in consultation with the local architecture and town planning (regional or provincial). These dimensions are set so that the conditions have been met regulatory requirements for the duration of insolation areas adjacent sites, and there is enough space for business activities at the site;

total area and number of storeys suburban homes and outbuildings on the site are established architectural-planning assignment with regard to the existing building and other regulations with respect to distances and insolation of homes and areas adjacent sites, as well as local construction rules.
Content tags: Legislation construction
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