Construction passport (permit) in Ukraine. The procedure for obtaining
What is a construction passport?
A construction passport for the development of a land plot is a document issued by the architectural authorities in accordance with the
established procedure, which defines the requirements for the construction and placement of a residential, country or garden house up to
500 m2 with a number of floors not exceeding 2, excluding the attic. The construction passport may also provide for requirements for the
location and construction of outbuildings on the land plot - garage, workshop, summer kitchen, bathhouse, boiler room, etc., as well as
structures - septic tank, fence, well, paving, etc.
To simplify the understanding, we can say that a construction passport today replaces a house construction project and is one of the grounds for starting legal construction. In other words, the current legislation does not require the mandatory development of a construction project for buildings for which a construction passport may be issued. However, a separate construction project is highly desirable.
Thus, the development of a plot on the basis of a construction passport is possible if:
- the area of the house does not exceed 500 m2;
- the number of floors of the house does not exceed 2 (excluding the attic).
A construction passport consists of textual and graphic materials, which include:
- a package of documents provided by the Customer (see below);
- land plot development scheme;
- a memo to the construction customer.
How to get a construction passport?
To obtain a construction passport for a new building, it is enough to submit an application in electronic form on the Diia portal, attaching scanned copies of the following documents:
- title document to the land plot (state act, contract, certificate, etc.) with the appropriate designated purpose;
- a scheme of development intentions (essentially graphic materials that include the location of buildings/structures on the land plot, facades, floor plans of the building, schemes of connection to utility networks, distances to adjacent plots and objects on them, etc.) The basis for the scheme of development intentions is a topographic survey of the land plot, which may contain information on the red lines of streets, building regulation lines, entrances to buildings and structures, and places of connection to utility networks;
- construction project, if any;
- notarized consent of the co-owners of the land plot, if any, to the development of the plot;
- information on the presence of regime-forming cultural heritage objects within the land plot and restrictions on the use of the land plot (if any);
- a copy of the customer's passport and identification number.
The term for processing an application for a construction passport is 10 business days. There are no fees for issuing a construction passport.
If you are unable to submit a package of documents for a construction passport in electronic form, you can submit them in paper form through the Administrative Services Center or by mail with a list of attachments.
When can we start construction work?
You can start construction work on the land plot after completing the following steps:
- Registration of rights to a land plot with the appropriate designated purpose;
- Obtaining a construction passport for the land plot;
- Submission of a notice of commencement of construction works to the State Inspectorate of Architecture and Urban Development (SIAU).
Obtaining a construction passport confirms that the planned construction complies with state construction standards. In turn, a notification on the commencement of construction work can only be submitted after obtaining a construction passport, as the details of the latter are specified in the text of the notification.
What is the responsibility for unauthorized construction?
Unauthorized construction is a house, building, or structure that is built with any of the following violations:
- without a document that gives the right to carry out construction work (in our case, a notice of commencement of construction work);
- built with a significant violation of building codes and regulations;
- built on a land plot with an inappropriate designated purpose.
In addition to the fact that a person's ownership of unauthorized construction does not arise, Article 96 of the Code of Administrative Offenses also provides for administrative liability, in particular for performing construction work without submitting a notice of commencement of such work for facilities whose construction is carried out on the basis of a construction passport, as well as providing inaccurate data in such a notice. It is determined that such actions entail a fine of two hundred and fifty to three hundred and fifty tax-free minimum incomes (UAH 4,250-5,950).
How is the procedure regulated?
- The Civil Code of Ukraine;
- Code of Ukraine on Administrative Offenses;
- The Law of Ukraine "On Regulation of Urban Development";
- The Procedure for Issuance of a Construction Passport for Land Development, approved by Order No. 103 of the Ministry of Regional Development, Construction, Housing and Communal Services of Ukraine dated 05.07.2011;
- Certain issues of preparatory and construction works, approved by the Resolution No. 466 dated April 13, 2011 of the Cabinet of Ministers of Ukraine; and others
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