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.
Apply for a permit for a summer playground
After a long winter period, the opening of new places for food and recreation becomes a pressing issue. Such summer playgrounds significantly expand the space for providing various services, increasing the number of visitors. In this article, we will consider the issue of legislative regulation of the opening of such playgrounds, analyze how to issue a permit for a summer playground.
Opening a “summer playground”: legal aspects
Let’s start with the legislative definition of the concept of “summer playground”. In official documents, we will not find a clear wording. The only thing is that at the level of individual city administrations, regulations may be approved defining this concept and regulating the procedure for their installation.
The following wordings are found: “a collapsible point intended for temporary public catering”, “a non-stationary temporary catering establishment”, “a catering facility intended for the provision of relevant services near a stationary institution”. The main feature of summer playgrounds is the use of lightweight structures installed without a foundation.
Legislative basis of the issue:
- The Law of Ukraine “On Regulation of Urban Development Activities”.
- The Law of Ukraine “On Improvement of Settlements”.
- Order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine No. 244 dated 10/21/2011.
The requirements for opening “summer areas” in the city of Kyiv are set out in the order of the Kyiv City State Administration No. 2027 “On Approval of the Procedure for Placing Food Facilities Near Stationary Restaurant Establishments in the City of Kyiv” dated November 7, 2013.
Let’s start with the fact that summer areas should be installed near stationary catering establishments. They should not impede the free, unhindered movement of pedestrians: the width of the passage on alleys and sidewalks is not less than 1.8 m.
A very relevant requirement for summer playgrounds is accessibility for people with limited mobility and people with special needs. Lanterns and lamps can only be installed within the playground. The structure for the playground must be placed in accordance with fire safety requirements and safety regulations. Such structures are erected without interfering with the supporting structures for easy dismantling.
In the process of decorating a summer playground, chairs, tables, decorative elements, air conditioners, refrigerators, etc. are used. The height of lamps or flower arrangements cannot exceed one meter.
Important: placing such objects on the territory of third parties is possible only with the written consent of their owners. The requirements listed above are the main ones for the possibility of obtaining a permit for a summer playground.
It is prohibited to place such objects in the following places: sidewalks; green spaces; roadway; artificial structures; dangerous places.
Features of obtaining a permit to install a summer playground
To install a “summer playground”, you must submit an application to the Center for Administrative Services. The application must include the applicant’s details, including bank details.
You must also provide the following documents:
- Scheme of the playground location.
The diagram shows the contour and area of the object. A reference to the terrain will be mandatory.
- Photographic recording of the object.
It is carried out from four sides, at a distance of 5-10 meters.
- Copies of documents that are notarized and are confirmation of the right to use/ownership of the premises of a stationary institution.
- Written consent of tenants/owners of premises located nearby.
- Written consent of the user/owner of a plot of land that is privately owned.
Additionally, confirmation of the fact of installing the playground near a public catering establishment may be required.
Violation of the rules for issuing permits or their absence is subject to administrative liability (Article 152 of the Code of Administrative Offenses of Ukraine – violation of the norms of improvement).
If the identified violations are not eliminated by the owner within the allotted time, there will be a high risk of dismantling the site by the relevant services.
That is why it is important to obtain the entire package of permits before establishing a summer terrace. If violations are detected, additional sanctions may include early cancellation of documents for the location of the summer terrace near the restaurant/cafe.
The lawyers of our office “Prykhodko and Partners” will help you obtain permits as quickly as possible, without exhausting bureaucratic red tape. In the future, you will not have any problems with legalizing the summer terrace.
Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer’s services for obtaining a permit for a summer playground, fill out the form below.
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