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Real estate and construction Legalization of a dual-purpose building

Kirilkin Radion

Head of real estate and commercial law practice

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kirilkin@prikhodko.com.ua

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Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.

Legalization of a dual-purpose building

Legalization of a dual-purpose structure makes it possible to offer the premises for use for their main and auxiliary functional purpose in wartime without violating the norms of legislation in the field of urban planning. This process allows you to avoid liability for unauthorized construction, confirm the belonging of a dual-purpose structure to the fund of defensive structures. More details in this article.

What is a dual-purpose structure (DPS)?

A dual-purpose building (hereinafter referred to as a DPF) is a facility that is built in such a way that it can be effectively used for two functions at the same time. As a rule, this is a function in peacetime (parking, warehouse, etc.) and in wartime (shelter). DPF is a key element of the defensive structures fund, since today most of the premises for the protection of the population are dual-purpose structures. We will consider in more detail which premises can be attributed to this below.

It will also be useful: Dual-purpose structures – DBN requirements for civil defense structures

What types of facilities should be attributed to dual-purpose structures?

According to the Procedure approved by Resolution of the Cabinet of Ministers No. 138, the following facilities can be recognized as dual-purpose structures:

firstly, metro facilities (stations and tunnels, underground passages);
secondly, commercial and economic facilities (parking lots, underground warehouses for various purposes);
thirdly, specialized premises (basements of residential buildings, underground cavities).

As a general rule, other objects that can be used to shelter the population due to their technical characteristics and protective properties can be classified as SPP. To determine their compliance with the specified criteria, you should use DBN V.2.2-5:2023 “Protective structures of civil defense”. To learn more, order a consultation with our lawyer.

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What does the procedure for legalizing a dual-purpose structure look like?

The specified procedure confirms that the facility meets safety requirements and can be used as a shelter in accordance with the law. The main order of actions for passing the legalization procedure (until the time of registration of protective structures) is as follows:

technical preparation (if the premises are ready – obtaining technical documentation, developing an evacuation plan, internal documentation on the use of the premises, registration in the State Register of Real Property Rights; if the premises are only planned to be overhauled – additionally, permits and other construction documents);
putting the finished facility into operation (for new construction);
inspection by the State Emergency Service (as a result, drawing up an inspection report in the established form, confirming the possibility of using the SPP as a shelter);
obtaining a decision on including the SPP in the fund of protective structures (a registration number is assigned and a structure passport is issued).

Registration of a dual-purpose structure: what needs to be done to logically complete legalization?

Registration is the final legal procedure that officially confirms the readiness of the facility to perform the function of shelter. It is provided for in the Civil Protection Code of Ukraine and looks like this:

preparation of documents (a document confirming ownership, a technical passport, an expert opinion on the compliance of the structure with the current DBN V.2.2-5:2023, instructions for use will be required);
submission of a request to the State Emergency Service (in paper or electronic form);
conducting an on-site inspection of the facility, drawing up a corresponding act (is an official conclusion on the suitability of the structure for inclusion in the Fund of Protective Structures);
adoption by the territorial body of the State Emergency Service of the relevant order (order);
inclusion of the structure in the Fund – assignment of a registration number and certification;
receipt by the owner of an extract confirming the registration of the SPP.

Price of legal assistance

How can our real estate lawyer help with the legalization of a dual-purpose building?

A real estate lawyer in the process of legalizing a dual-purpose building checks compliance with the requirements of the law and building codes, helps prepare documents and interact with relevant state authorities. His assistance includes:

first, conducting a legal audit of existing documents for the premises;
second, assistance in preparing the necessary internal documents (regulations on the use of the premises, all necessary instructions);
third, support in the development of project documentation (for construction or major repairs), technical passport for the building;
fourth, assistance in obtaining a building permit and other documents (including urban planning conditions and restrictions);
fifth, support for inspections (including on-site inspections by specialists of the State Emergency Service).

Law Firm “Prikhodko & Partners” does not advise you to independently understand complex building codes and laws. To quickly legalize a dual-purpose building, it is better to choose the option of ordering legal support from one of the proposed specialists. In order to find out the cost of his services, fill out the form below.

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1 question

Are you planning to build a new dual-use facility?

Yes

2 question

Are you interested in legalizing the major renovation of a dual-use building?

Yes

3 question

Do you need legal support for registering your shelter as a protective structure?

Yes

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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