Appealing DIAM’s Refusal

Appealing DIAM’s Refusal

The State Inspectorate of Architecture and Urban Planning of Ukraine (DIAM) plays a key role in urban planning control. However, sometimes developers and construction clients may receive a refusal from DIAM to grant permits, certificates of readiness, or other decisions. In such cases, the question arises regarding the procedure and legal grounds for appealing such a refusal.

Main Reasons for DIAM’s Refusal

DIAM’s refusal may be due to various factors, including:

• Non-compliance of project documentation with legal requirements (DBN, DSTU, the Law of Ukraine “On Urban Planning Regulation”);
• Lack of proper permitting documents (urban planning conditions and restrictions, project expertise, etc.);
• Violation of document submission procedures (incomplete set of documents, incorrectly prepared applications);
• Inaccuracy of submitted data;
• Violation of cultural heritage protection or environmental legislation.

Ways to Appeal DIAM’s Refusal

According to the legislation, DIAM’s decision can be appealed in two ways:

1. Administrative appeal – filing a complaint with DIAM or the Ministry of Regional Development;
2. Judicial appeal – filing a lawsuit in an administrative court.

1. Administrative Appeal

The administrative complaint procedure is regulated by the Law of Ukraine “On Citizens’ Appeals” and the relevant urban planning legislation.

Procedure:

• The complaint is submitted to DIAM or the Ministry of Community Development, Territories, and Infrastructure of Ukraine.
• Review period – 30 days, extendable to 45 days if the case is complex.
• The complaint should specify the grounds why DIAM’s decision is unlawful and refer to relevant legal norms.
• If the complaint is upheld, DIAM must issue the necessary permit or revise its decision.

2. Judicial Appeal

If administrative appeal does not yield results, the applicant may file a lawsuit with the District Administrative Court at DIAM’s location.

Court Procedure:

• The lawsuit must be filed within 6 months from the date of refusal.
• The plaintiff must substantiate the unlawfulness of DIAM’s decision and provide supporting evidence.
• The trial may take several months to a year.
• If the claim is satisfied, the court will oblige DIAM to issue the permit or reconsider its decision.

Practical Recommendations for a Successful Appeal

• Verify document compliance before submission to avoid formal refusal grounds.
• Engage specialists – lawyers and engineers can help properly prepare documents and justify the case.
• Keep all official responses from DIAM – they are necessary for judicial appeal.
• Use case law – analyzing similar decisions can increase the chances of a successful appeal.

Contact GlobalBud Ukraine

Appealing DIAM’s refusal is a legally complex process requiring deep knowledge of legislation and construction standards. If you receive an unjustified refusal, use the administrative or judicial mechanisms to protect your rights.

Experts at GlobalBud Ukraine have significant experience in resolving such issues and are ready to assist in preparing and filing complaints, as well as defending your interests in court. Contact us for consultation!