Permit for violation of landscaping objects

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Ovsianko Anhelina

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Permit for violation of landscaping objects

Quite often there is a need to obtain a permit for the violation of landscaping objects. Such a permit can be obtained by executive authorities at the place of work. The basis is a written application submitted by an individual or a legal entity. Specialists of our Prykhodko and Partners law office provide a full range of services related to obtaining permission to intervene in the functioning of public works facilities.

In what cases is a permit not required for the violation of landscaping objects?

According to the legislation of Ukraine, namely to such regulatory documents as the Law of Ukraine “On the Improvement of Settlements” (Article 26-1) and Resolution of the CMU No. 870, a permit is not required in the following situations:

  1. The person has a document confirming the right to own or use a plot of land (the right to a land easement is not an exception).
  2. Preparation or implementation of construction works, if these actions were formalized in accordance with the procedure established by law.

What needs to be prepared for issuing a permit for the violation of landscaping objects?

In order to obtain permission to intervene in the functioning of public works facilities, it is necessary to submit a corresponding application. The application is submitted by individuals and legal entities or their legal representatives. What depends on the validity period of the permit, it is no more than one year.

As a result of consideration of the application, the person receives 2 decisions: obtaining a permit or refusing to issue a permit. What can be the grounds for refusing to grant a permit for the violation of improvement facilities? This is, first of all, non-compliance of the application and other submitted documents with the norms and requirements of the current legislation. That is why it is better to entrust this matter to real professionals. Specialists Prykhodko and Partners will help to obtain permits for the violation of landscaping objects.

If necessary, we can appeal the refusal to obtain a permit in the district administrative court.

What documents will be needed?

In addition to the notarized application, the following documents must be submitted:

  1. Schematic plan of works, the implementation of which is planned. On such a plan, the following are indicated: the place of execution of works with reference to the adjacent streets.
  2. Letter of consent. This letter should reflect the consent of the organizations concerned.
  3. Documentary confirmation of technical conditions for connection to engineering networks.
  4. A copy of the order on the appointment of a person responsible for carrying out repair works.
  5. The contract, which certifies the process of restoration of landscaping elements, road surface, etc. in the established terms.

Important: in some cases, permission to intervene in the functioning of landscaping elements may be revoked. Among the reasons for annulment: the person’s submission of a relevant application, the presence of information about the suspension of the person’s entrepreneurial activity, etc. If another person has obtained the right to disturb improvement objects and carry out the relevant works, the previous permit must be reissued. A duplicate permit is issued if the permit is damaged or lost.

Assistance of professional lawyers in obtaining permit documentation

As it was already indicated above, it is quite difficult to independently prepare all the necessary documents for obtaining a permit for the violation of landscaping objects. That is why it is better to use the help of real professionals. Our specialists will help you to correctly complete the application and prepare all the necessary documents for obtaining the appropriate permit.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for obtaining a permit for the violation of landscaping objects, fill out the form below.

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