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BUILDING PASSPORT. THEORY AND PRACTICE

According to the provisions of Article 27 of Law № 3038-VI “On the Regulation of Urban Planning Activities” dated 17.02.2011, the “construction passport” is the basis for the development of the corresponding land plot. That is, these are legalized construction intentions.

Important! Construction passports are issued for the following objects: individual residential houses, garden and country houses not higher than two floors, outbuildings, garages, and so on. At the same time, the law limits the area of ​​objects to 500 sq.

When obtaining a construction passport should take into account the requirements of Law №3038-VI with all current changes, Order №103 of the Ministry of Regional Development from 05.07.2011, Cabinet Resolution №681 from 23.06.2021 on the functioning of the Unified State Electronic System in Construction (EDESSB), some other regulations. In order to avoid mistakes and not to delay the start of construction work, you should enlist the support of a professional lawyer.

The procedure for issuing a construction passport

You can get a construction passport free of charge from the authorized body of urban planning and architecture or through the CNAP by submitting the following documents:

  • application containing consent to the processing of personal data;
  • сopies of documents for the ownership / use of the site (notarized);
  • consent of the co-owners for the development (if there are such co-owners);
  • draft names rhenium buildings are made in any form;
  • construction project (only if available).

For your information! The terms for consideration of the documentation are up to 10 working days from the date of receipt.

The grounds for refusal to issue a construction passport may be:

  • the applicant has submitted an incomplete package of documents;
  • the intentions of the development do not comply with the requirements of local urban planning documentation and / or current state standards in the field of construction .

“Pitfalls” associated with the building passport

Based on practice, several significant points can be distinguished:

  • All objects that are planned to be placed must be entered on the development scheme Location on . When plans change and which of the buildings or structures shown will not actually be built, it is not a violation of the law. However, if, on the contrary, build an object without first showing it on the building plan, then it will be considered unauthorized construction.
  • Be sure to take into account the building objects of neighbors on the diagram. We are talking about: a) buildings and structures already in operation; b) objects under construction; c) objects that will be built according to the documents already received in advance.
  • In case, information about construction passports must be entered into the EGESB. Each passport is assigned a number and QR code. If the information entered into the system is incomplete or with errors, it makes it impossible to issue a message about the start of construction work.

Do you have a problem with the construction passport? Discuss it with a specialist at Prikhodko & Partners Law Firm.

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