Assessment of legal risks in construction

Assessment of legal risks in construction

Assessment of legal risks in construction is a key stage that ensures the legal security of a project at all stages of its implementation – from planning to commissioning. Underestimation of such risks can lead to significant financial losses, construction stoppages, or even complete project cancellation.

Key aspects of legal risk assessment

1. Verification of rights to the land plot. The first step is to analyze the documents confirming the ownership or use of the land plot. It is necessary to make sure that the land plot is intended for the appropriate type of development. Important documents are:
   State certificate of ownership;
   Extract from the State Register of Real Property Rights;
   Documents on the designated purpose of the land plot.
2. Assessment of the compliance of project documentation. The project documentation must comply with the applicable building codes (DBN), in particular:
   DBN A.2.2-3:2014 “Composition and Content of Project Documentation”;
   DBN B.2.2-15:2019 “Residential buildings. Main provisions”. Failure to comply with these standards may lead to difficulties with project approval and its further implementation.
3. Obtaining permits and approvals. It is necessary to check the availability of all permits, including:
   Permit to perform construction works;
   Technical conditions for connection to utility networks;
   Environmental conclusions, if required by law.
4. Analyze contracts with contractors and suppliers. It is important to conduct a legal analysis of the terms of the contracts to avoid unfair terms, penalties or conflicts. It is recommended to take into account the provisions of the Civil Code of Ukraine (CCU) and the Commercial Code of Ukraine (CCU).
5. Verification of compliance with urban planning documentation. The project must comply with the General Plan of the settlement, detailed plan of the territory or zoning. Lack of compliance may be grounds for challenging the construction by state authorities or local communities.
6. Risk management during construction. This includes monitoring compliance with technical and legal requirements throughout the construction process. For example, violations of technical supervision requirements or labor protection rules may result in fines.

How to avoid legal risks

• Preliminary legal audit. Conducting a comprehensive review of documents before the start of construction minimizes risks.
• Professional project support. Cooperation with experienced lawyers and engineers ensures timely and professional assessment of all risks.
• Control over changes in legislation. Constant monitoring of changes in legislation and building codes allows us to respond to new requirements in a timely manner.

Why should you contact GlobalBud Ukraine?

GlobalBud Ukraine provides comprehensive legal risk assessment services in construction. Our experienced lawyers and engineers provide:

• detailed audit of documents;
• compliance of the project with the current DBN norms and legislation;
• legal support at all stages of construction.

Contact us for qualified assistance to avoid risks and successfully implement your project.