Summer is not only a time for vacations, heat and rest, but also the best time for repairs in a private house. Igor Shavrov, a well-known Ukrainian lawyer who manages the Shavrov and Partners law firm, talks about what the laws say about repairing your own home.
We will talk about private residential and country houses (and these are houses up to 4 floors), which according to the class of consequences belong to objects with insignificant consequences of SS1 (the term used by GASK).
So, as this decree states, no permit is required for the following works:
In home:
- Works on re-equipment and re-planning of a residential building and residential premises, the implementation of which does not involve interference with enclosing and supporting structures and / or engineering systems of general use
- Replacement of the roof is completed and constructed in accordance with building regulations without interfering with the load-bearing structures.
- Replacement of window, door, balcony frames
Engineering systems:
- Connection and connection to engineering networks in accordance with the technical conditions of individual (mansion) residential houses, garden houses, country houses, outbuildings, garages located on private, summer and garden plots of land and land plots for the construction of individual garages.
- Reconstruction, capital repair, technical re-equipment of internal systems:
— heating, including the installation and replacement of equipment of individual heat points, replacement of heating system pipelines, balancing of heating systems, installation of balancing valves and / or flow meters, changing the type of heating systems from one-pipe to two-pipe and / or vertical to horizontal, installation and / or replacement of heating devices, equipment of heating devices with automatic temperature regulators in rooms, installation and replacement of distribution devices and other equipment for regulation and accounting of thermal energy;
- ventilation;
— water supply and drainage, including pipelines
Therefore, suppliers of electricity, gas, and water do not have the right to require permission documents for the connection and connection of houses to their networks. Also, without additional documents, it is allowed to equip homes with devices for managing a separate device for thermal energy, hot and cold water.
Permissions are also not required for:
- Improvement of the land plot, or more precisely, the construction on the land plot of temporary buildings built and constructed without the installation of foundations, including sheds, gazebos, tents, coverings, stairs, overpasses, summer showers, greenhouses, as well as wells, wells, closets, toilets , cesspools, paved, fences, open and covered pools, cellars, entrances to cellars, gates, wickets, pits, terraces, porches.
- Garages without foundations. But the construction of capital garages, which have a foundation and are not considered temporary structures, already requires the issuance of a construction passport and notification of the State Gas Agency.
After this, we opened the main law in this sphere - "On the regulation of urban development activities". According to this law, I notified GASK and received a construction passport, it is possible to build a house with no more than two floors and an area of 500 meters.
However, Ukrainians are in for a surprise in article 34 of this law. It says: "the customer has the right to perform construction work after the customer's presentation." notifications about the start of construction works to the relevant body of state architectural and construction control".
That is, according to the Resolution of the Cabinet of Ministers, it is not necessary to obtain any permits, and according to the Law, it is necessary to give a notification about the start of construction work on construction objects, which according to the consequences class (ответственности) belong to objects with insignificant consequences (СС1). What is the logic? It is necessary to understand the difference between permission and notification.
Notice - this is when a person fills out a special form, takes it to the GASK, there they put a seal on it and the whole procedure is over. (By the way, it is now possible to notify via the "Action" application). And for permission you need to collect a whole bunch of documents, bring them to GASK, after which they give permission there.
But in reality, not everything is so terrible. Just remember - for carrying out repair work that does not require intervention in load-bearing structures, it is not necessary to notify GASK at all. That is, if you want to replace old windows or doors, then you do not need to do anything. And if you want to hollow out a window in the load-bearing wall, then you must.
By the way, what does legislation mean by the body of state architectural and construction control? Until 2020, the country had a well-defined system of architectural and construction control. But at the beginning of 2020, the government liquidated the State Architectural and Building Inspection (GASI) and started another reform of the State Architectural and Building Control (GASK) in accordance with Government Resolutions No. 218 and 219. The goal was, as always, noble — the fight against corruption. But such a liquidation of GASA and accompanying processes raised many questions without clear answers and caused a wave of negative reviews among experts, business, authorities, etc.
Well, the icing on the cake is the draft law No. 3336 registered in the Verkhovna Rada, which proposes to introduce private registrars and grant self-employed persons and expert organizations authority over construction in cities. In our opinion, this is a rather strange situation, considering the huge problems with illegal constructions in large Ukrainian cities.
