Minregion clears up on emergency reconstruction and other priority works for recovery of facilities

After numerous inquiries about conducting the emergency reconstruction (emergency repair) work and other priority works for recovery of facilities (hereinafter – priority recovery works) in order to document the damages, eliminate the hostilities consequences and restore the infrastructure in municipalities during the martial law, the Ministry for Communities and Territories Development of Ukraine reports the following.

Subject to the Procedure of emergency works to eliminate consequences of the Russian Federation’s invasion resulted in damages of buildings and structures, approved by the Cabinet of Ministers Decree No. 473 of 19.04.2022, the emergency works are organized and coordinated by village, township, or city councils, and in case they are absent – by military administrations (hereinafter – authorized agency).

If acts of the Russian aggression on a certain territory caused damages of facilities, the authorized agency conducts preliminary visual surveys of the damaged facilities to draw up lists of such facilities.

For facilities recognized destroyed and severely damaged, the authorized agency takes a decision to inspect them in compliance with the Procedure of inspecting the commissioned construction facilities , approved by the Cabinet of Ministries Decree No. 257 of 12.04.2017 (hereinafter – Inspection Procedure). The inspection is performed by certified experts with a relevant qualification or companies, institutions, and organization employing such experts.

Pursuant to the “Procedure of inspection during the martial law legal regime in Ukraine and within 90 calendar days after its termination or cancelation,” the damaged facilities can be inspected by:
 inspector for buildings and structures;
 design engineer of “Senior” or “Category I” qualification level, who has a qualification certificate specialized in “Engineering design in the section of mechanical resistance and stability;”
• construction expert of “Senior” or “Category I” qualification level, who has a qualification certificate specialized in “Verification of design documentation in the section of mechanical resistance and stability;”
 consulting engineer (construction) of “Senior” or “Category I” qualification level.

After the damaged facilities are inspected, the inspector prepares a report subject to Cl. 8-1 of the Inspection procedure.

An inspection act is attached to this report and shall contain information on the damage category identified after the facility inspection.

As the authorized agency decides, the facilities recognized slightly damaged after a visual survey and those that can be restored by regular repairs can be inspected by a commission consisting of representatives of the authorized agency, the facility’s owner – asset holder (if possible), and construction specialists. After the facility is inspected by this commission, an inspection act is prepared.

It is also worth noting that amendments to the Procedure of approving construction designs and their verification approved by the Cabinet of Ministers Decree No. 470 of 19.04.2022 state that rehabilitation designs for the facilities (independent of their consequence class) damaged after hostilities are allowed to be performed as part of the punch act outlining physical scope of works, explanatory note stating work performance conditions, and cost-estimate documentation.

Such design shall be developed on the basis of the inspection report prepared subject to the Procedure of inspecting the commissioned construction facilities , approved by the Cabinet of Ministries Decree No. 257 of 12.04.2017. the report shall contain a conclusion on the facility’s technical state, bill of damaged (destroyed) structures, mechanical systems (noting the degree and scope pf damages and their technical state), and measures recommended to restore the facility’s serviceability.

Decision on the scope of design documentation (concerning possible development of the construction design as part of the punch list, explanatory note, and cost-estimate documentation) is taken by the chief architect and/or chief engineer of the project in coordination with the client, which is pointed out in the design brief.

The punch list form is available in Appendix 29 to the Instructions to determine the cost of construction approved by Minregion’s Order No. 281 of 01.11.2021 (hereinafter – Instructions).

The cost-estimate documentation as part of the rehabilitation design project is developed in comliance with the Instructions.

In all cases of priority works to recover the damaged facilities by regular repairs (which does not belong to construction according to the law), the scope of work is determined on the basis of the inspection act prepared by the authorized agency after the facility is surveyed by a commission and can be presented as a punch list. The regular repairs cost shall be determined on the basis of justified labor and materials and equipment and their cost counted in current prices. The Instructions provisions can be applied in determining the cost of such work if the client decides so.

The clarification text can be found here.