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Real estate and construction Legalization of objects with impact class CC3

Kirilkin Radion

Head of real estate and commercial law practice

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kirilkin@prikhodko.com.ua

Phone numbers

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

Legalization of objects with impact class CC3

Legalization of objects of class CC3 involves the issuance of permits for the construction and commissioning of such buildings. Their full legalization allows not only to legally perform any legal transactions (sell, lease or divide), but also to avoid liability for unauthorized construction. We will discuss how such legalization is carried out and what is required for this in the article below.

Which construction objects belong to the CC3 category by the class of consequences?

Classification of construction objects by consequence classes is an important stage and takes place within the framework of the current DBN V.1.2-14:2018. Class SS3 is usually assigned to those objects that, in the event of destruction, can lead to significant economic or environmental losses, pose a significant threat to human life and health. Examples of such real estate can be:

industrial and energy facilities (gas stations, power plants);
infrastructure and transport facilities (bridges, pipelines, port facilities);
public and residential buildings (apartment buildings, office centers, universities, hospitals);
cultural heritage monuments;
some agricultural facilities (elevators, granaries) and others.

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The procedure for legalizing newly built facilities with a class of consequences SS3: a step-by-step algorithm of actions

Permit for the construction of facilities

Without a permit from DIAM, it is impossible to begin legal construction. The process of obtaining it includes the following steps:

collection of initial data by the conspirator for the development of project documentation (in particular, urban planning conditions and restrictions);
development and examination of documentation for the construction of the relevant real estate facility (conclusion on the compliance of the project with state building standards);
entering data into the Unified State Electronic System in the field of construction and obtaining a registration number for the construction project;
submitting an application for a construction permit with a package of necessary documents (including a copy of the title deed to the land under the building);
obtaining a permit for the construction of the facility.

Technical passport for the construction facility

Technical inventory is the next step in the legalization procedure. It is carried out by applying to the BTI (Bureau of Technical Inventory). Its development work can be carried out only by design engineers who have the appropriate certificate, which is displayed in the Register of Construction Activities. After receiving the technical passport, you should immediately proceed to the next stage.

It will also be useful: Permit to build a solar power plant

Commissioning of facilities after completion of construction

Any CC3 class facility must be officially commissioned. This involves obtaining a certificate from DIAM based on the submitted act of readiness of the facility for operation. The forms of all necessary documents are contained in the Annexes to the Resolution of the Cabinet of Ministers No. 461.

For the construction of which CC3 facilities, it is necessary to additionally obtain a conclusion on the assessment of their environmental impact according to the law?

According to the Law of Ukraine “On Environmental Impact Assessment”, the construction of individual facilities requires additional expertise. The conclusion on the assessment of the impact of the building (or construction works) on the environment confirms that the future operation of the facility will not cause significant harm to the environment. Such a conclusion is required for newly built:

power plants with a capacity of over 50 MW;
oil and gas refineries;
chemical, metallurgical production;
airports, main railway lines;
non-hazardous waste treatment facilities;
large shopping complexes.

A generalized list of documents that will be required for the legalization of objects of class CC3

If we take into account all stages of legalization and preparation of a land plot for construction, the entire package of documentation will look like this:

urban planning conditions and restrictions;
extract from the Regional Development Plan for the land plot;
project documentation;
environmental impact assessment report;
design documentation review report;
contract (construction) agreement;
permit for construction work;
technical passport for the building;
certificate of readiness of the facility for operation;
certificate of commissioning of the facility.

Price of legal assistance

How much does it cost to legalize a construction object of class CC3 in Ukraine: all key costs

Legalization of a construction object, given the complexity of the entire procedure, includes the following costs:

Category	Description	Cost
Project development, its expertise	Mandatory for all CC3 facilities, defines construction stages and some technical specifications	Individual calculation
Environmental impact assessment	Required for individual CC3 class facilities. Includes preparation of a report and its public discussion	Individual calculation
Technical inventory and development of technical passport	Measurements and inspection of the facility by an engineer are provided	From 5,000 UAH
Obtaining a certificate of commissioning	Mandatory payment for issuing a DIAM certificate	5.2 subsistence minimum (15,746 UAH)
Legal services	Assistance from lawyers in preparing documents and submitting them	Individual calculation

Legal support for the legalization of class CC3 objects from the company “Prikhodko and Partners”

Our company provides full legal support for the legalization of class CC3 construction objects, solving the most complex situations. The services of our lawyers on real estate issues include:

first, evaluation of existing documents and provision of consultations;
second, collection and preparation of the necessary documentation for legalization;
third, support for obtaining a technical passport for real estate;
fourth, representation of interests in interaction with DIAM and other state bodies;
fifth, support for the commissioning of the object;
finally, resolution of disputes with state bodies during the legalization of objects in court.

Legalization of objects of class CC3 is a complex and lengthy process that requires deep knowledge and experience. Turning to the company “Prikhodko and Partners” will allow you to reduce the risks of refusal, save time and legalize the entire construction process from beginning to end. To find out the cost of such legal support – fill out the form below.

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Were other lawyers handling your case?

Yes

2 question

Are you in Kyiv or Kyiv region?

Yes

3 question

Do you need legal assistance urgently?

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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