Denied Building Commissioning – What to Do?
The commissioning of a real estate object is the final stage of construction, confirming that the building has been constructed in accordance with the design documentation and construction standards, and has passed all necessary inspections. However, in practice, there are cases where the State Architectural and Construction Inspection (DIAM) refuses to issue the certificate. So, what should you do?
Reasons for Refusal
The most common reasons for refusal are:
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non-compliance of construction works with the project documentation;
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violations of State Construction Norms (DBN);
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absence of completion acts or a positive technical inventory conclusion;
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unauthorized construction or deviation from approved documentation;
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incomplete package of documents submitted to DIAM.
According to Article 39-1 of the Law of Ukraine “On Regulation of Urban Development Activities”, refusal to commission a building is only permitted on clearly defined grounds, which must be justified in writing.
Steps to Take if Refused
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Obtain the written refusal
According to legislation, DIAM is required to provide a reasoned refusal specifying the violations and regulations involved. -
Analyze the reasons
We recommend involving a lawyer or technical expert to assess whether the objections are well-founded. -
Eliminate identified violations
If the objections concern technical or design errors, amend the documents or correct deficiencies on-site. -
Resubmit documents
Once issues are resolved, the commissioning documents can be resubmitted. -
Appeal the refusal in court
If you consider the refusal unjustified, you may file a lawsuit. In many cases, courts side with the developer if DIAM’s actions are indeed unlawful.
Legal Support – the Key to Success
Given the complexity of procedures and frequent legislative changes, we recommend consulting specialists experienced in commissioning buildings. GlobalBud Ukraine offers comprehensive legal and engineering services including document preparation, issue resolution, and legal representation in disputes.
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Don’t wait – contact GlobalBud Ukraine for professional support. We will ensure the legal clarity of your documents and help resolve disputes with authorities effectively.
