No license for simple construction works. Lawyers. Advocates. Legal and tax consultants. Kiev. Alliance Ratushnyak and Partners

27.12.2012

The planned changes to legislation can simplify management of construction (building) companies.
According to the draft of the law of Ukraine "On Amendment the Law of Ukraine "On Architectural Activity" and "On licensing of certain types of economic activity" (concerning licensing activities in construction)” No 10131 dated 28.02.2012, the license in construction of architectural objects of I-III category of complexity is to be abolish.

It is worth mentioning the features which refers the building to the category IV or V of complexity. Resolution of the Cabinet of Ministers of Ukraine No 557 of April 27, 2011 contains such features.

To IV-th category of complexity related construction projects that have at least one of the following indications:

a)designed for permanent residence for more than 300 persons and (or) periodic stay of more than 500 people;

b)constitute a possible threat to more than 10 000 people who are outside the object;

c) in case of failure or inability (inappropriate) operation:

Can cause losses in excess of 15,000 times the minimum wage;

May result in termination of the regional functioning of transport, telecommunications, energy and utilities

Can lead to loss of cultural heritage of local importance.

To V-th category of complexity related construction projects that have at least one of the following indications:

a) related to the high-risk object (according to the Law of Ukraine "On High risk objects");

b) designed for permanent residence for more than 400 persons and (or) periodic stay for over 1000 people;

c)constitute a possible threat to more than 50,000 people who are outside the object;

d)in case of failure or inability (inappropriate) operation:

Can cause losses in excess of 150,000 times the minimum wage;

May result in termination of the functioning of transport, telecommunications, energy and utilities of national significance;

Can lead to loss of cultural heritage sites of national significance.

The adoption of this law, will improve and simplify the licensing system in the building (construction) field, as well as allow developers to perform construction work, but most difficult, without a license (the President hasn’t signed the draft yet). However, it is not exempt from the need to obtain other permits required by law.