Law No. 2259-IX on specifics of executing the authorities in surveying the damaged and dismantling the dangerous buildings and structures

Today, on May 20, there takes effect the Law of Ukraine No. 2259-IX of 12.05.2022 “On amending some Ukrainian laws on the state service and local self-governance functioning during the martial law.”

In particular, the law regulates some issues in the construction sector. It stipulates specifics of executing and distributing the authorities of chairpersons of territorial communities and military administrations.

Under the martial law, chairperson of a village, town or city community where hostilities are conducted and no decision on forming a military administration was taken, can make decisions exceptionally to execute the martial law legal regime measures:

• removing unlawfully placed temporary facilities from the land lots, including those mounted but not commissioned, under the legislated procedure;
• surveying the buildings and structures damaged as a result of hostilities;
• dismantling the buildings and structure found dangerous and threatening people’s lives after the survey.

In this case, the territorial community chair is obliged to convey such decision to the chairperson of a corresponding regional military administration within 24 hours.

At the same time, the law reads that if there are facts of a territorial community chair breaching the Ukrainian Constitution or laws, the question is raised to set up a military administration in such a community.

Authorities of military administrations in municipalities in a corresponding area cover making the decisions about surveying the damages buildings and structures and dismantling the dangerous ones.

The law also specifies a list of the electronic cabinet users in the register of construction operations, namely the consultant engineer is included in the list, which will allow regulating the issue of providing access to the register, filing claims, and correspondence.