State construction due diligence

Please be informed that the law № 1817-VIII «On amendments to certain legislative acts of Ukraine about improvement of urban development activity» come into a force 10th of June 2017. This law prescribes some changes in the procedure of executing the permissible documents for construction. The main reason for changes was the efforts of our state to integrate European standards and directives in the field of construction. New law means the executing of the letter of advices and permissions for construction, as opposed to earlier required letter of advices, declaration and permission for construction.

According to the requirements of new law, from now the permission for construction is issued due to the class of consequences (responsibilities), not the category of difficulty as it was before. The class of consequences for each object of construction due diligence is determined in specified procedure. The class of consequences defines a level of potentially hazard for human health and, of course of, occupant`s lives, and, in addition, financial losses from stop of the building. There are three classes of consequences for construction objects:

  1. CC1 with insignificant consequences (objects of I and II categories of difficulty);
  2. CC2 with average consequences (objects of III and IV categories of difficulty);
  3. CC3 with significant consequences (objects of V category of difficulty).

The right to assign the construction object to the appropriate class of consequences is carried out by expert organization and agreed with the customer. But, it worth to note that the law № 1817 strictly regulates the list of objects that are not the objects of CC1 with insignificant consequences, and correspondingly, determines the objects that obligatorily are referred as class of significant consequences (CC3).

Please note that construction objects with insignificant consequences could be constructed based on the letter of advices about construction; carrying out of state construction due diligence and obtaining the permission for construction is are compulsory for construction objects with average and significant consequences!  

These changes and modifications are aimed to simplify the approval procedure of construction objects with insignificant consequences. Also it`s necessary for more difficult and significant construction objects, conversely, to facilitate an identification of illegal new buildings through more effective control by state authorities and an increase financial liability for violations on the part of the developer, and on the part of the controlling authorities that provide permission for construction.

The requirements and norms of new law define the issue procedure for urban development terms and limits. It means, that law determines the grounds on which the developer may receive a refusal in construction, and it leads to avoid corrupt practice and to found reliable platform in the field of construction and urban development sector of Ukraine.

The high-qualified experts of MCL, LLC have the right to carry out the state construction due diligence. Our specialists can organize the carrying out of state construction due diligence and assist you in obtaining expert conclusion for construction project realization. Applying to MCL, LLC, you will be sure in quality of provided services in determined time!

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