Urban Planning Revolution Takes Place in Ukraine
OREANDA-NEWS. January 14, 2011. Verkhovna Rada of Ukraine by 296 votes of MPs adopted a law drafted by the Government of Ukraine "On regulation of urban planning activities". This law makes system changes to more than 100 articles of 23 laws. Changes are aimed at simplifying and improving all the phases of urban planning: from construction planning to putting into operation of the facility built.
Development of the law was actively participated by the representatives of the construction industry, investors, and experts. Market participants’ opinion was carefully considered. That is why the conditions change of urban planning, defined by the law, may be named as the revolutionary ones for the industry, which for decades has remained perhaps the most over-regulated, respectively, corrupt.
What revolutionary is in the law "On regulation of urban planning"?
Urban planning documentation and the process of its approval is drastically simplified. The list of types of documentation is shortened. Three out of five parts remain: general plan, detailed plan, and zoning.
List of sites which design does not require urban conditions and restrictions. Among them: catering area up to 200 square meters, renovation of office and commercial premises, replacement of linear structures, restoration of facades of residential and nonresidential buildings, installation of pipelines of low and medium pressure and more.
Projects approval through the "one-stop-shop"
Legislation determines that the project developed in due order will not require additional approvals by any agencies or organizations.
Projects testing for compliance with energy saving, labor protection, environment, fire safety, etc. will be done on other grounds: by one organization, not six departments, as it were. Profiled authorities if necessary will perform examination only of the most complicated objects.
Construction projects expertise is simplified maximum: only the objects of 4-5 degree of complexity are subject to obligatory expertise, that means the most technologically complex and dangerous objects.
Thus the Law specifically notes that none of the received before putting into operation expertise is not canceled.
In general, instead of 93 steps in obtaining permits and approvals to construction sites that existed prior to enactment for the investor, just 23 remains.
The whole procedure of permits obtaining, which made 416 days, is reduced to 60 days.
Instead of multiple licenses – executer responsibility certificate
The real revolution in construction is the changed concept of regulation: the performer, not the controller, will respond for compliance with urban planning regulations. The law creates the conditions for gradual transition from licensing of construction activity to certification of certain types of work. That means instead of paper-license for every step of the builder – there is the enforcement of contractors’ responsibility, on which depends the assurance of stability, reliability, and quality of buildings
The ability to perform construction work at sites of 1-3-category of complexity (e.g., farmstead and residential low-rise buildings, large part of administrative and commercial buildings, catering, and domestic service) without permission, by notice or declaration is previewed.
Strict registration declaration terms and permit issue for construction work are set: 5 and 10 days respectively instead of the current month period (which actually was lasting years).
Simplification applies to accepting into operation of completed construction objects.
Reducing red tape and construction terms shortening will primarily contribute to reduction of the apartments’ price on the market and elimination of corruption risks.
Principally new legislation field is created by the Law for private housing building. Residential buildings up to two floors, having area up to 300 square meters will be allowed to be built based on simplified construction passport.
Implementation of the Law " On regulation of urban planning activities" will surely give strong incentives for development of the industry, which suffered the worst losses from financial crisis: in 2008-2009 the volume of construction in Ukraine has been reduced by two thirds.
Purview allows to design new construction facilities and to obtain permits 7 times faster and cheaper. Thus, the Government, which considers the construction one of the locomotives of economic growth, relies on quick recovery and accelerated development of the industry.
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