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News digest for engineers for September-October 2019

The share contribution to infrastructure development has been canceled

On October 17, 2019, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Stimulation of Investment Activity in Ukraine” came into force, which provides for the abolition of the share contribution to infrastructure development from January 1, 2021.

During 2020, a transitional period is established, according to which the amount of equity participation is (unless a smaller amount is established by a decision of a local government body in force on the date of entry into force of this Law):

  • for non-residential buildings and structures - 4 percent of the total estimated cost of construction of the object;
  • for residential buildings - 2 percent of the cost of construction of the object.

The law stipulates that share participation agreements concluded before January 1, 2020 are valid and continue to be valid until their full implementation.

The Law also supplemented Article 7 of the Law of Ukraine “About regulation of town-planning activity » part six of the following content:

Bodies engaged in management in the field of urban planning, architectural and construction control and supervision are prohibited from requiring the construction customer to provide any services, tangible or intangible assets, including the construction of facilities.

Lawyer's comment:

As you can see, the share contribution to the development of infrastructure will be completely abolished only from 01.01.2020, but from 2020 the Law will significantly reduce its size.

The law on introduction of a parametric method is accepted

In the previous issue we wrote that the Verkhovna Rada of Ukraine in the first reading adopted as a basis the bill "On Amendments to the Law of Ukraine" On Building Regulations to Improve Standardization in Construction "(№1052), which proposed to define the following methods of standardization in construction: administrative, parametric and target.

On October 3, 2019, the Verkhovna Rada adopted the bill in the second reading and as a whole. 

We will remind that according to this law at formation of requirements of building norms preference is given to parametric and target methods.

According to the already published law, the ownership of building codes belongs to the state.

The law came into force on October 19, 2019.

Lawyer's comment:

Since the application of building codes or their individual provisions is mandatory for all subjects of urban planning, we recommend that you read the text of this law in detail.

A law has been passed to improve the receipt procedure administrative services

In the previous issue, we already wrote about the adoption of the bill "On Amendments to Certain Legislative Acts of Ukraine to Improve the Procedure for Providing Administrative Services in the Field of Construction and Creating a Unified State Electronic System in the Field of Construction" in the first reading.

On October 17, 2019, the Verkhovna Rada of Ukraine adopted the bill in the second reading, which indicates the urgent need to reform the procedure for providing administrative services.

Lawyer's comment:

The text of the Law has not been officially published yet, so in the next issues, after the official publication of the Law, we will analyze the innovations introduced by the Law.

From December 18, 2019, a new procedure for obtaining licenses will take effect

On December 18, 2019, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Improvement of the Procedure for Licensing Economic Activity” enters into force, which amends a number of laws of Ukraine in terms of improving the procedure for obtaining a license.

For example, the new law introduces a new sanction for violations in the field of licensing - suspension of the license. From now on, for non-payment for the issuance of a license, it is not revoked, but stopped.

The Law will also regulate the issue of re-applying for a license. According to the Law, when re-submitting an application for a license to the licensing body by the licensee, only those supporting documents that became the basis for the decision to leave the application without consideration shall be attached to such an application, provided that the previously submitted documents are in the license file. at the time of re-submission of the application remained relevant.

Preservation of relevance is the authenticity of the documents attached to the application for a license, and the compliance of the data specified in them with the license conditions.

In addition, the Law establishes administrative liability for violation of the statutory notice period for changes in the information specified in the application and the documents attached to the application for a license. For such a violation, a fine of 250 to 500 non-taxable minimum incomes is provided.

Lawyer's comment:

The law provides for a significant number of changes, so we recommend that you read in detail its full text, which has already been officially published.


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