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Perepelchenko Anatolii

Deputy Managing Partner

Lawyer, specializing in real estate, corporate, tax, civil and contract law, as well as litigation.

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Unlike the commissioning of low-impact real estate (CC1), which provides a simplified documentation procedure to commission a medium-impact facility (CC2) – to obtain the appropriate certificate – considerable effort is required. Prior to the start of construction, you must obtain urban planning conditions and restrictions, technical conditions, expert design documentation, permission to carry out construction work.

In order to quickly and successfully obtain a certificate of acceptance of the object into operation, you should enlist the support of specialists with practical experience. You will find such specialists in the law firm “Prikhodko and Partners”. Focus on your core business, and we’ll take care of your permits!

Obtaining a certificate of commissioning

The need to obtain a document certifying the acceptance of the facility into operation is caused by the fact that without such a document it is impossible: a) further conclusion of contracts for electricity supply, water supply and sewerage, etc. b) consolidation of property rights, and hence the possibility of alienating (selling) the building in the future.

Warning! According to Article 2 of the Law “208/94-VR” On Liability for Violations in the Field of Urban Development “of 14.10.1994, the use of SS2 facilities that are not put into operation, entails a fine of 370 living wage for able-bodied persons (as of for January 2022 – UAH 917,970).

The procedure for obtaining a certificate includes the following important points:

  • documents from the construction customer are accepted by the GASK body (DIAM);
  • in accordance with Article 26, note 1 of the law №3038-VI “On regulation of urban planning activities” of 17.02.2011, documents by the applicant can be submitted only online (in electronic form);
  • UAH 11,412 60 kopecks must be paid for obtaining the certificate (as of January 2022);
  • the deadline for deciding on the issuance / refusal to issue a certificate is up to 15 days.

In case of a decision to refuse to issue a certificate, the possibility of refunding the relevant fee is allowed. To do this: a) submit a written application to DIAM (in any form addressed to the chairman of DIAM); b) DIAM considers the application and makes a corresponding submission; c) an application for a refund from the budget is submitted to the bodies of the State Treasury Service (to which an application from DIAM is attached).

Documents for acceptance of CC2 real estate objects into operation

In accordance with the requirements of the legislation in electronic form through the service of public services “Action” is submitted:

  • the act of readiness of the object for operation;
  • receipt (payment order) for payment of the certificate;
  • application for a certificate.

The certificate of readiness for operation must be certified (signed) by the customer, general designer, general contractor, subcontractor, insurer and other participants in the construction.

The date of commissioning of the facility is the date of issuance of the certificate, which is placed in the electronic account of the user “Action”.

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