Decentralization Portal is the project launched with international support in 2014 as an independent platform to communicate the local self-government reform in Ukraine. It has published clarification for local self-government bodies on the consulting engineer’s role and meaning in recovery of communities.

The information was prepared based on scientific legal opinions provided by two legal research facilities at request of the Interstate Consultants Engineers Guild. They are V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, a leading scientific institution in the field of public and constitutional law, and Yaroslav Mudryi National Law University, one of the central juridical education and science institutions in Ukraine, majoring in legal studies and analytical research.

These studies show that the consulting engineer can help a community control the work quality and use the funds effectively. Below are key takeaways for local self-government bodies.

Who is the consulting engineer? Is it mandatory to engage them?

As concluded by the Institute of State and Law, subject to the Law of Ukraine “On regulation of urban-planning activities,” consulting engineer is a specialist certified by an accredited body and a company that employs such specialists and ensures project management and its organizational and consultative support.

The National Law University underscores that engaging a consulting engineer is a right and not an obligation of a community. The decision depends on the project’s complexity and available resources.

Engaging the consulting engineer is only obligatory in case of:

• establishment of industrial parks (Decree No. 644 issued by the Cabinet of Ministers in 2024) and
• implementation of national importance road construction projects (Decree No. 1065 issued by the Cabinet of Ministers in).

What are the consulting engineer’s functions? Do they influence the cost of construction?

Both institutes confirm that the consulting engineer’s function are of organizational and consultative nature.
They coordinate processes, monitor deadlines and quality, handle documents, but do not determine the cost of construction.

How much do the consulting engineering services cost? Comparing with EU practice.

In Ukraine, the remuneration is usually determined as a percentage of the construction value, the approach that meets European practice. However, this percentage is much smaller:

• Ukraine: 2–3%
• EU: 5,94% on average, with up to 7% in some countries

If a project is not financed with budgetary finds, the cost of services is determined at discretion and upon consent of the parties.

Conclusions and recommendations to local governments:

• Consulting engineer is a professional project manager that helps the community mitigate risks and assure quality.
• Engaging the consulting engineer is voluntary except for certain regulated cases.
• It is important to clearly stipulate the scope of services in agreements and use the model forms provided by the Ministry for Development of Communities and Territories.
• The consulting engineer should not be assigned the function to determine the cost of construction as it is not in their competence.
• Engaging a certified consulting engineer significantly enhances efficiency and transparency during implementation of large, complex, or innovative projects.

The Interstate Consultants Engineers Guild advises the communities to apply modern approaches to construction management to make a quality, responsible, and efficient recovery.

The complete scientific legal opinions are available on the ICEG website in the section For consulting engineers