HOW TO LEGALIZE A SUMMER TERRACE?

According to the provisions of DSTU 4281:2004, the owners of cafes, bars and restaurants have the right to arrange summer terraces near their establishments - temporary structures classified as MAF (small architectural forms). Such buildings are adjacent to public catering establishments that are already in operation.

Legalization of summer terraces is a process that does not require much effort. However, fines await the entrepreneur without proper processing of relevant documents. In particular, for violation of state standards, norms and rules in the field of public works, admin is expected. liability under Article 152 of the Criminal Procedure Code, namely a fine:

• for citizens - from 20 to 80 of the tax-free minimum income of citizens;
• for officials and subjects of entrepreneurial activity - from 50 to 100 NMDH.

***Note: Since the NMDH amount is UAH 17, the fine can reach UAH 1,700. Instead, a more serious consequence of the violation may be the demolition (dismantling) of the terrace.

Take care of the proper documentation of your summer site for receiving guests - and we, the specialists of the Prykhodko and Partners law firm, are ready to help you with this.

Conditions for arranging the terrace

Similar sites can have the form of pavilions, canopies, etc., on the territory adjacent to the facility or in the courtyard.

To attention! Do not confuse summer terraces, whose placement permit is valid from May 1 to October 31, and seasonal temporary structures that can be used at any time. The procedure for issuing documents for the latter is somewhat more complicated.

When arranging a summer terrace, certain requirements should be observed, in particular:

• install lighting devices and trash cans near this site;
• keep a distance of more than 20 m from street intersections or public transport stops, as well as more than 100 m from railway crossings;
• keep a distance of at least 5 m from the carriageway and at least 1 m from the sidewalk;
• do not make a foundation buried in the ground and do not reach into the mountain by more than 4 m;
• do not place the site near the facades of cultural or administrative buildings, monuments, flowerbeds, fountains, viewing and panoramic platforms, as well as in protected areas of engineering communications.

Paperwork

The permit for arranging a summer terrace near a cafe, bar or restaurant is a certificate of functional purpose. This is a temporary and paid document.

The algorithm for processing documents for a summer terrace is as follows:

• Obtaining a certificate of functional assignment.
• Conclusion of an agreement regarding joint participation in the maintenance of landscaping objects for the placement of a site near a stationary establishment of the restaurant industry.
• Payment of the share contribution (the size of which depends on the location of the object).
• Obtaining an information card, which should be placed at the entrance.
• Registration in the Department of Urban Development.

Additional steps may be added to this basic algorithm if you are not the owner, but only renting the catering establishment. In such circumstances, in addition to the specified documents, written consent from the owner must be obtained for arranging a summer terrace.