Governmental regulation in construction industry during the martial law

The first decree passed by the Cabinet of Ministers of Ukraine after the war began was Decree No. 153 of February 24 “On the list of critical import goods.” The currently latest decree published on the governmental portal is amendments to this list (Decree No. 814 of 22.07.2022).

Over the past 5 months, the Cabinet has passed hundreds of acts including those which concern construction and related sectors. Our experts present a brief digest of most important governmental documents in this field.

PRIMARILY – NEW RULES AND PROCEDURES INCLUDING:

  • “Procedure to determine the damage and losses inflicted on Ukraine due to the Russian Federation’s military aggression,” approved by the Cabinet of Ministers Decree 326 of March 20, 2022;
  • “Procedure to apply an information notice about the real estate damaged and destroyed due to hostilities, terrorist attacks, sabotage, which were caused by the Russian Federation’s military aggression,” approved by the Cabinet of Ministers Decree 380 of March 26, 2022;
  • “Procedure to perform urgent work to remove the consequences of the Russian Federation’s military aggression, which are linked to damage of buildings and structures,” approved by the Cabinet of Ministers Decree 473 of April 19, 2022;
  • “Procedure to perform dismantling of facilities damaged or destroyed in the aftermath of emergencies, hostilities, or terrorist attacks,” approved by the Cabinet of Ministers Decree 474 of April 19, 2022;
  • “Procedure to implement a pilot project for monitoring the damages and destructions inflicted as a result of the Russian Federation’s military aggression by regions of Ukraine on the basis of a geoinformation system,” approved by the Cabinet of Ministers Decree 726 of June 24, 2022.

 

AMENDMENTS TO THE EXISTING PERMISSION AND REGISTRATION PROCEDURES:

  • The Cabinet of Ministers Decree 384 of March 29, 2022 amends Decree No. 554 of May 23. 2011 “Some issues of professional attestation of certain work contractors / service providers, which concern creation of architectural objects:” the contractors granted qualification certificates before January 1, 2016 on condition of proving a relevant experience are allowed to apply for a higher category certificate and then submit the required documents and undergo professional attestation within two months after the martial law is finished or canceled.
  • The Cabinet of Ministers Decree 470 of April 19, 2022 amends the “Procedure to approve construction designs and conduct their verification,” approved by the Cabinet of Ministers Decree No. 560 of May 11. 2011. Besides, during the martial law, it is allowed to develop construction designs consisting of a punch list, explanatory note and bill of quantities for rehabilitation of facilities irrespective of their consequence class, which were damaged by the hostilities.
  • The Cabinet of Ministers Decree 474 of April 19, 2022 complements the “List of construction works that do not require documents allowing their performance and after their completion the facility does not require the commissioning procedure,” which was approved by the Cabinet of Ministers Decree No. 406 of June 7, 2017, with works to dismantle the facilities damaged or destroyed due to emergencies, hostilities, or terrorist attacks.
  • The Cabinet of Ministers Decree 423 of Aril 5. 2022 amends the “Procedure of inspecting the commissioned construction facilities,” approved by Decree No. 257 of April 12. 2017, which determines specifics of inspecting the facilities damaged due to emergencies, hostilities, or terrorist attacks and broadens the circle of experts that can conduct such inspections. Under the martial law and within 90 days after its termination or cancellation, in addition to certified inspectors, the damaged facilities can also be surveyed by:
    • design engineers with “Leading” or “Category I” qualification level, who have qualification certificates for specialization “Construction engineering in the area of mechanical resistance and stability;”
    • construction verifier with “Leading” or “Category I” qualification level, who have qualification certificates for specialization “Verification of design documentation in the area of mechanical resistance and stability;”
    • consulting engineer (construction) with “Leading” or “Category I” qualification level.
  • The Cabinet of Ministers Decree 722 of June 24. 2022 “Some issues of performing permission and registration procedures in construction during the martial law” replaces several other regulations and establishes specifics of urban planning in the wartime. Namely:

1) for the martial law period and for one year after its termination or cancellation:

  • obtaining a construction passport is not mandatory (the architect or designer only enters a scheme of intended development of a land lot to the electronic system);
  • if the provision of urban-planning conditions is not timely or refused, design can be carried out without obtaining them (in compliance with urban-planning documentation and land use limitations determined in the Law of Ukraine “On the cultural heritage protection”);
  • facilities under 20 m high at the distance of at least 1 km away from the side line of the runway and 2 km away from its ends can be designed without approval of the airfield operator, State Aviation Service, or Ministry of Defense;
  • a principle of tacit consent is applied to approve the design and scientific design documentation and obtain a permit of the cultural heritage protection agencies;
  • control geodesic survey is not mandatory before commissioning during the restoration or rehabilitation without changing the geometric dimensions of parts of a house, building, or structure, which will be independent real estate units.

2) for the martial law period and for three months after its termination or cancellation, it is allowed to postpone the terms of completion for certain façade finishing and landscaping works (except for transport lanes, pedestrian infrastructure, etc.).

 

IN PERSPECTIVE (ABOUT FUNDS FOR RECONSTRUCTION):

  • The procedure of using official bank accounts for donations in support of Ukraine on the United24 platform is approved by the Cabinet of Ministers Decree 472 of April 19. 2022 (money from the “Fund for restoring the destroyed property and infrastructure” account is allocated for restoration of road and social infrastructure, administrative buildings, and utility facilities;
  • The procedure of using the funds from the account for the needs of culture, fine arts, creative industries, protection and preservation of cultural heritage, cultural values, and support of mass media is approved by the Cabinet of Ministers Decree 616 of May 17, 2022 (inter alia, it envisages targeting the money for reconstruction, rehabilitation and maintenance, restoration of mechanical systems in buildings and premises of cultural facilities, which were damaged or destroyed by hostilities);
  • The procedure of using the funds from the account for the needs of physical culture and sport is approved by the Cabinet of Ministers Decree 655 of June 7. 2022 (construction, reconstruction, and rehabilitation of sports structures, facilities, institutions, and organizations of the physical culture and sport sector, which were damaged by hostilities).

More details about regulations in construction and related sectors can be found on our website on the page News of legislation.