14.04.2021

What will the domestic urban planning after the SACI reform be like: BuildPortal review

Recently, Ukranian construction industry is already tired of turbulence in legislative regulation, but once again a new round of reform of the State Architectural and Construction Inspection (SACI) has begun. The draft law "On Amendments to Certain Legislative Acts Concerning Improving the Provision of Administrative and Other Services in the Construction Industry" once again proposes to radically change the construction industry in Ukraine. Let's take a look at what exactly is proposed in this bill.

  • To replace town planning conditions and restrictions, it is proposed to introduce an extract from town planning documentation, which is provided by the town planning and architecture authorities in the manner determined by the Law of Ukraine "On Access to Public Information".

The extraction will contain information about the functional zone and all restrictions on the use of territories (lands), including the maximum permissible altitude, population density, sanitary protection and other protective zones.

The proposed innovation will significantly reduce state control at the design stage. The risks of inconsistency of the project with urban planning documentation will largely fall on the construction customer.

Additionally, the absolute height mark for buildings built on the basis of a building passport was limited to 12 m.

Licenses for special types of work for development companies are planned to be withdrawn from the legislative field. Instead, it is proposed to establish an institute of certified contractors for certain types of construction work.

  • Building permits for all classes of consequences are planned to be obtained by filing an application and state registration of the right to perform construction work.

For CC1 objects, the customer can choose the following application models:

  • to a state registar via National Centers of Administrative Services (in paper form)
  • to a notary (in paper form)
  • via the Internet (by himself / herself)

For objects CC2 and CC3, the application will be possible exclusively in electronic form.

The declarative principle of acceptance into operation for CC1 facilities is planned to be canceled, but all facilities will be accepted into operation by drawing up an act of readiness of the facility for operation.
This document is created using the Register of Construction Activities and signed with an electronic digital signature (EDS) by the following persons:

  1. customer
  2. general designer
  3. general contractor;
  4. subject of architectural supervision;
  5. subject of technical supervision;
  6. subject of technical inventory;
  7. the subject of urban planning control.

During the construction process, at each stage of work, a topographic and geodetic survey must be performed and loaded into the register without which it is prohibited to carry out the next stage of work.

  • Independent legal entities will be granted the right to exercise urban planning control over facilities with minor consequences CC1 (except for residential buildings), medium (CC2) and significant (CC3) consequences (except for high-risk facilities identified in accordance with the Law of Ukraine "On High Hazard Facilities" ).

Such a legal entity must meet the following three criteria:

  • have at least three engineers of urban planning control in the staff at the main place of work;
  • have valid civil liability insurance contracts;
  • be entered in the Register of construction activities.

Urban planning control in case of consolidation of such innovations will be carried out on the basis of economic contracts.

It is likely that most of the provisions of this bill will be significantly modified on their way to the session hall. Despite this, the main approaches to reforming and minimizing state control, according to BuildPortal analysts, are clearly visible in the current edition.

Link to the original source: http://budport.com.ua/news/20706-yakim-bude-mistobuduvannya-pislya-reformi-dabi-klyuchovi-zmini