IS IT NECESSARY TO OBTAIN A BUILDING PASSPORT DURING THE STATE OF MARTIAL

The introduction of martial law in Ukraine affected many spheres of social life. For example, in many aspects the legislation has become more flexible and appropriate to the difficult current conditions. In particular, this applies to those normative legal acts that regulate the field of construction works. We propose to consider in more detail what changed with the onset of martial law.

Why did the Cabinet of Ministers change the legislation?

Changes in the legal regulation of the construction industry were related to the objective losses caused by the war. Many houses have been damaged or destroyed today. In order to carry out their reconstruction or capital repair, it is necessary that the legislative framework does not create obstacles for this. The same applies to the construction of new buildings instead of destroyed old ones.

It was the mentioned factor that caused the Government to adopt Resolution No. 722 dated June 24 of this year for better regulation of these issues. Now, when a certified architect or design engineer uploads a scheme of land development intentions to the Unified State Electronic System in the field of construction, some of the real estate objects can be built without a construction passport. These objects include:

• individual houses - both residential and garden or country houses;
• other buildings, if they are not higher than 2 floors.

The basis for construction is urban planning documentation at the local level, or the purpose of the land plots on which the buildings will be erected.

What regulation mechanism is provided

Local bodies to which a construction application is submitted must respond to it within 10 days. It can be both approval and refusal of the right to build or its limitation, if there are objective reasons for this. For example, in the second and third cases, it may be about land, the use of which is limited by legal norms aimed at the protection of cultural heritage.

What else has changed?

Also, the legislation has become more flexible regarding the terms of performance of works related to:

• decoration of facades;
• improvement of the territory around the building.

It will be possible to postpone such works not only during martial law, but also for 3 months after its end. It is only important to issue them correctly. The customer of construction works must make a record of this in the documentation regarding the readiness of the building for operation. However, it is important to know that there is one exception here - works aimed at arranging pedestrian communications or passage for transport.

Those notices of commencement of construction, which have been submitted on the basis of the mentioned resolution, as well as the permits issued, are valid until the construction work is completed.

Summing up...

So, the legislation that regulates the field of construction works has changed significantly with the advent of martial law. On the one hand, it enabled citizens whose homes were significantly damaged or destroyed to carry out the necessary works aimed at their restoration without hindrance. On the other hand, there are clear limits within which this is possible.

Thus, people who want to build a 3-, 4- or 5-story building without the usual documents, taking advantage of the current situation, do not have such an opportunity. The legislative limits did not foresee "loopholes" for such abuses, which makes the implemented norms relevant for those whom they are really supposed to help.