On 17 January 2017 the Parliament of Ukraine adopted the Draft
Law No. 4733-1 "On amendments to certain legislative acts
regarding improvement of urban construction activities"
("the Draft Law"), which introduces a new approach for
urban planning. On 8 February 2017 the Draft Law was signed by the
President of Ukraine and on 10 February 2017 it was officially
published as the Law No.1817-VIII ("the Law"). The Law
will enter into force on 10 June 2017.
This Law eliminates the term "category of complexity"
(where simple buildings and structures were assigned to category I
and the most complex objects to category V) and replaces it with
the term of "classes of consequences". The Law
establishes 3 classes of consequences (responsibility) as
СС1 – Low
СС2 – Medium
СС3 – High
The Law does not introduce an exhaustive list of criterions or
examples for each category. The Law determines that project design
organizations and developers will have to determine it on the basis
of criteria in construction norms and provisions of the Law
The Law impacts on every construction related project in
Ukraine. In particular, the CC2 and CC3 construction objects will
include renewable energy plants. That will involve the obligatory
requirement to obtain construction permits and certificate from
architectural and construction authorities for commissioning
process after respective inspections. This novelty will
substantially influence renewable energy sector. As of today most
of the renewable power plants have the 3rd category of complexity
and developers commission powers plants using declarations without
mandatory inspections or documents (except for registration of
declarations on a facility ready for operation). Construction of
CC2 and CC3 objects will also require from developers to obtain a
construction license or engage a licensed organization in contrast
with the current state of affairs.
Construction declarations for the 3rd or lower category of
complexity objects registered before the entry into force by the
Law will be valid unless cancelled by controlling architectural and
construction authorities, in particular if they do not comply with
construction norms etc.
This Law enables improvement of Ukrainian legislation for
compliance with the European legislation based on the
risk-management principles. The other important key reason for
adoption was to eliminate confusions with erroneous classification
of objects in order to avoid submission of the documents for
consideration of the authorities and have necessary
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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