Lawyer practicing real estate, construction and land law.
Construction expertise of design and estimate documentation
Construction expertise is carried out to assess the compliance of design and estimate documentation for a real estate object with the rules established by law. Such expertise is carried out exclusively by expert organizations that have the appropriate accreditation. Construction expertise (hereinafter referred to as expertise) covers various aspects, ranging from architectural solutions to economic indicators. The procedure for its conduct is regulated in the Procedure approved by Resolution of the Cabinet of Ministers No. 560. In the article, we will examine its features, requirements for documents and expert organizations in more detail.
When is it necessary to conduct a construction expertise of design and estimate documentation?
Expertise is an important stage before the start of construction work. Its main goal is to identify and verify the quality of solutions, operational safety and engineering support. Design and estimate documentation for facilities that:
- by the class of consequences belong to SS2 and SS3;
- are constructed in territories with complex engineering-geological and technogenic conditions;
- are constructed with the involvement of budget funds (state and municipal enterprises), if their estimated cost exceeds 300,000 hryvnias (during martial law – 1,000,000 hryvnias);
- are subject to environmental impact assessment in accordance with the Law of Ukraine 2059-VIII.
When is it not necessary to conduct a construction expertise of design and estimate documentation?
As a general rule, construction projects of objects that belong to objects of the CC1 class of consequences (single-family residential buildings, utility buildings, garages, commercial buildings, etc.) are not subject to mandatory verification. However, this norm applies only to the implementation of the construction of those projects that do not involve the involvement of budget funds in the amount specified above.
Who conducts a construction expertise of design and estimate documentation?
The specified verification is carried out by expert organizations that meet the criteria approved by the Order of the Ministry of Development No. 204, in particular:
- are officially registered legal entities;
- information about them is entered in the Register of Construction Activities;
- are staffed by qualified experts who have a properly executed certificate, as well as other specialists who meet the qualification requirements;
- have the appropriate material and technical base (premises, equipment, etc.).
It is also worth emphasizing that only those organizations that have at least 80% of experts with certificates in the areas of expertise can conduct an inspection regarding the construction of objects of class CC3. For more detailed information, we also recommend consulting with real estate lawyers “Prikhodko and Partners”.
What documents need to be prepared for conducting a construction examination of design and estimate documentation?
The complete set of documents that will be subject to expert assessment must contain all the appropriate components specified in the Law of Ukraine 3038-VI. Firstly, the organization will need to provide:
- first, a general plan, a diagram of the construction site organization;
- second, a detailed description of the external and internal appearance of the object, drawings of structures;
- third, diagrams and descriptions of engineering networks;
- fourth, a calculation of the cost of construction and installation works, equipment and other costs;
- finally, accompanying documents (results of engineering surveys, an environmental impact assessment report, other permits obtained at the design stage).
The development of the design and estimate documentation itself is also a rather complicated process. Qualified lawyers of “Prikhodko & Partners”, having the necessary experience, can provide legal support for the preparation of such documents in specialized institutions, and control their compliance with current national legislation. The price of such a service is determined during an introductory consultation.
Under what conditions is a repeated construction expertise of design and estimate documentation allowed?
A repeated assessment is allowed only if a negative report was received based on the results of the initial construction expertise. Such cases may include significant deficiencies in the documents, their non-compliance with established building codes. Then the customer has the right to make appropriate amendments taking into account the comments and re-apply to the accredited institution.
How can real estate lawyers “Prikhodko & Partners” help?
The services of our lawyers will be useful to clients who are interested in receiving:
- legal advice on various issues;
- assessment of existing design and estimate documentation for their compliance with the law;
- legal support for the development of documents for the expertise;
- monitoring compliance with the deadlines for the assessment and other requirements established by law;
- support for the revision of documents at the request of an accredited institution.
Звертаючись до юристів “Приходько та Партнери” для супроводу будівельної експертизи проектної документації, ви отримуєте кваліфіковану правову підтримку, яка допоможе вам уникнути помилок та ефективно взаємодіяти з експертними організаціями. Щоб дізнатись вартість юридичного супроводу — заповніть форму нижче.
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
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