Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Construction license
When is a building license required?
Obtaining a construction license remains a mandatory condition for the legality of conducting relevant activities. However, with the declaration of martial law, the procedure for obtaining it has undergone certain changes. In particular, in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 314, which entered into force on March 18, 2022, during the war, business entities have the opportunity to obtain a declaration for the performance of construction work. This document is temporary in nature and provides for its change to a standardized construction license after the end of martial law.
According to the current legislation, a construction license (hereinafter referred to as a construction license) is required for the implementation of construction works on objects of class SS2 and SS3. Moreover, in accordance with the provisions of Article 9 of the Law of Ukraine “On Licensing of Types of Economic Activities”, design works, construction of protective structures, construction and installation of transport networks, etc. are subject to licensing.
There are clear exceptions provided for by law where business entities are not required to obtain a LB. These are the following:
- construction of new objects of class CC1;
- performance of repair works (except for cases of major repairs for objects of class CC2 and CC3);
- construction of temporary structures (for example, gazebos, greenhouses, etc.), without installing a foundation;
- other types of works specified in the Resolution of the Cabinet of Ministers of Ukraine No. 406 with amendments made to date.
Support from a specialized lawyer
How to get a building license
The State Architectural and Construction Inspectorate (SAC) exercises control over licensing in the construction sector. Therefore, to obtain the appropriate permit, you must contact its territorial bodies at the place of registration of the business entity. The most convenient option would be to submit the appropriate application and accompanying documents through the “Diya” Portal.
To smoothly obtain a license and continue construction activities (on a permanent basis), you must perform the following steps:
- first, officially register as a business entity in the Unified Register (legal entity or individual entrepreneur);
- second, collect a number of documents to inform the licensing authority about the upcoming construction, in particular, a construction project (concluded with the help of contractors), documents confirming ownership of the land plot (if necessary), and others;
- third, provide information on the technical and organizational capacity to carry out the relevant activities and implement construction projects.
Typical reasons for refusal to obtain a construction license
Obtaining a personal identification number in Ukraine may be rejected for various reasons. The main ones, as shown by the legal practice of Prikhodko & Partners specialists, are:
- incorrectly completed or incomplete documents: lack of mandatory information (in particular, information on the material and technical base); presence of errors or inaccuracies in the request for a license;
- lack of confirmation of the qualifications of specialists as a mandatory part of collecting information on the organizational capabilities of the entity: no confirmation of the qualifications (based on relevant certificates) of architects, design engineers, etc.;
- non-compliance with legislative requirements for activities: incorrect choice of the type of activity according to the KVED, violation of the requirements of the State Construction Standards (DBN) when preparing a construction project, etc.
It is important to avoid these errors and speed up the procedure for obtaining a construction license to seek qualified legal assistance. The lawyers of “Prikhodko & Partners” are ready to provide their professional explanations regarding any of the stages of obtaining the appropriate permit for construction work. We will tell you more about the legal support of this procedure below.
Legal support from “Prikhodko & Partners” for obtaining a construction license
The “Prikhodko & Partners” team provides full support for the process of obtaining a construction license. We have been working with business entities that either plan to carry out or are already engaged in construction activities in Ukraine for a long time. Therefore, our specialists have all the necessary skills and experience in supporting the obtaining of the necessary permits.
Our services for obtaining a construction license include:
- consultations (analysis of requirements for the licensee, determination of a package of documents, verification of compliance with the material and technical base and personnel qualifications, etc.);
- preparation of documentation for obtaining a license (development and submission of an application, annexes to it, verification of documents for compliance with the requirements of the licensing authority);
- elimination of comments and making corrections (legal work on correcting errors in the documentation, submission of additional clarifications at the request of a state body);
- appeal of unjustified refusals to issue a license in court (if necessary and if there are grounds to consider the actions of the licensing authority unlawful in relation to the client).
Conclusions. A construction license is a mandatory document for performing construction work on objects, installing transport and engineering networks. The procedure for obtaining a license involves applying to the State Inspectorate for Architecture and Urban Planning (DIAM), preparing and submitting documents through the “Diya” Portal, the Central Administrative Center or territorial bodies of DIAM. Turning to specialists is the key to success, and therefore the lawyers of “Prikhodko & Partners” provide full support for obtaining a construction license.
Contact the qualified assistance of the “Prikhodko & Partners” team and we will ensure the legality and efficiency of obtaining a building license. To receive legal advice, fill out the form below.
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Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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