Notice and Building Permit. How to Obtain Them?

Notice and Building Permit. How to Obtain Them?

What documents are required to start construction?

For many landowners, it comes as an unpleasant surprise that to build a house on their own land, they must first obtain the right to develop it by preparing a set of documents. Which documents are required and in what cases — we explain in this article.

The types and procedures for obtaining construction permits are regulated by the Law of Ukraine “On Regulation of Urban Development Activities” and the Resolution of the Cabinet of Ministers of Ukraine “Certain Issues of Performing Preparatory and Construction Works” dated April 13, 2011 No. 466.

Permits must be obtained in all cases when new construction, reconstruction, remodeling, or restoration of an object involves changing the geometric dimensions of a building or affecting its load-bearing structures.

The list of construction works that can be carried out without permits is provided by the Resolution of the Cabinet of Ministers of Ukraine dated June 7, 2017 No. 406 “On Approval of the List of Construction Works That Do Not Require Permitting Documents and After Completion of Which the Object Is Not Subject to Commissioning.”

What Types of Permits Exist?

Depending on the type of real estate you plan to build, construction authorization documents are divided into two main types:

1. Notice of commencement of construction works;
2. Permit for construction works.

Regarding the Class of Consequences (Responsibility)

To determine which document is required to start construction, it is necessary to define which of the three classes of consequences (responsibility) the planned construction object belongs to:

• Minor consequences — CC1;
• Medium consequences — CC2;
• Significant consequences — CC3.

Classes of consequences (responsibility) are determined according to the following criteria:

• Potential risk to the health and life of people permanently located at the object;
• Potential risk to the health and life of people periodically located at the object;
• Potential risk to people located outside the object;
• The amount of material damage and/or social loss;
• Possibility of interruption of infrastructure operation — communication, energy, or utility networks.

Who Determines the Class of Consequences?

It is recommended that the classification be performed by a design engineer in each specific case according to the national standard DSTU 8855:2019 “Buildings and Structures. Determination of the Class of Consequences (Responsibility).” Below are the key criteria used to classify construction objects by their consequence class.

1. Notice of commencement of construction works is issued for small-scale construction projects.

A notice may be submitted depending on the size of the construction object:

1.1. Based on a building passport;

1.2. Based on UDC (Urban Development Conditions and Restrictions).

Notice of Commencement of Construction Works Based on a Building Passport

This applies to the development of residential, garden, and summer cottage plots. The construction object must meet the following requirements:

It should be noted that during martial law, a building passport may be replaced by a development intention scheme for the land plot. The procedure is regulated by the Resolution of the Cabinet of Ministers of Ukraine “Certain Issues of Permitting and Registration Procedures in Construction under Martial Law” dated June 24, 2022 No. 722.

Notice of Commencement of Construction Works Based on UDC

Issued for construction objects classified as minor consequence class CC1. The CC1 consequence class includes the following criteria:

Construction works based on a notice may begin immediately upon submission. No approval or response from authorities is required — the submission itself grants the right to build. The notice can be filed through an administrative service center or via the Diia electronic system.

How to Fill Out a Construction Notice?

The notice of commencement of construction works must include the following information:

1. Information about the Client and its director;
2. Ownership or usage rights for the land plot, including its cadastral number;
3. Information about the contractor;
4. Information about the designer;
5. Technical and economic indicators (TEPs);
6. Information about UDC;
7. Registration number and approval data of project documentation (if based on a project);
8. Information on project expertise (or reason for exemption);
9. Contract registration number in the Unified State Electronic System in the Construction Sector (USESSC);
10. Registration number of technical supervision contract in USESSC;
11. Data about the technical supervisor and their certificate;
12. Data about the responsible site manager and appointment order;
13. Registration number of the energy certificate (if applicable);
14. Whether the construction object is a divisible or indivisible unfinished building;
15. Information on construction phases or launch complexes.

No supporting documents need to be attached, but you must first obtain the relevant information to fill out the notice correctly.

What Is a Building Permit?

• A construction permit is required for large-scale projects classified as CC2 or CC3.

The right to carry out such works is granted to the client and general contractor after receiving a construction permit. The permit is issued free of charge by the State Inspectorate of Architecture and Urban Planning (DIAM) within 10 working days after submission.

How to Obtain a Permit?

The permit application must be submitted exclusively in electronic form. The following documents must be attached:

1. Copy of ownership or land-use rights document, or a copy of a superficies agreement;
2. Copy of the order on complex redevelopment (if applicable);
3. Copy of the building or structure ownership document, or homeowners’ decision on reconstruction;
4. Copies of documents appointing persons responsible for construction, author, and technical supervision;
5. Information about the consulting engineer (if applicable);
6. Information about the contractor’s license and qualification certificates;
7. Environmental impact assessment results (if required under the Law of Ukraine “On Environmental Impact Assessment”).

How to Fill It Out?

The permit application must include the following information:

• Cadastral number of the land plot;
• Registration number of urban development conditions and restrictions in the Construction Activity Register;
• Registration number of technical conditions;
• Registration number of project documentation expertise report;
• Registration number of the energy certificate;
• Construction object identifier (for registered objects);
• Information on independent real estate units within the project;
• Registration number of project documentation in the register;
• Information on whether the object is divisible or indivisible;
• Information on construction stages or start-up complexes;
• General construction plan;
• Registration number of the Client’s order approving the project in USESSC;
• Client’s order approving author and technical supervision;
• Order appointing the responsible construction manager;
• Contractor’s license;
• Contract with the contractor registered in USESSC.

Carrying out construction works without proper authorization is considered unauthorized construction and may result in liability and fines.

Why Choose GlobalBud Ukraine?

Given the extensive list of documents required for obtaining construction permits and their specific submission rules, we recommend engaging professionals who will prepare all necessary documentation and submit the Notice of Commencement or the Construction Permit application on your behalf.

Our specialists will gladly advise you on all matters related to obtaining construction permits and help you regularize documentation even if the construction has already started without authorization.