On March 13, 2020, the Cabinet of Ministers of Ukraine approved two Resolutions No. 218 and No. 219, which started the town-planning reform that should substitute the State Architecture and Construction Inspection of Ukraine (SACI) and create a new state bodies responsible for the implementation of State supervision and control in the field of the town-planning.
After the approval of the relevant resolutions, an appropriate regulatory and legal framework should have been developed, which should ensure the functioning of new bodies and accomplish the reform begun in the spring.
Along with the start of the reform, the Cabinet of Ministers of Ukraine Resolution No. 533 was suspended, which led to the termination of inspections of construction sites and objects of the town-planning.
However, until the end of 2020, no actual measures and actions that could launch and implement the reform of town-planning were taken, except that the work of the SACI, as a single body capable of exercising control and supervision over construction, was increasingly limited.
Due to the lack of actual measures aimed at the accomplishment of the reform, the government at its meetings on December 16 and 23 2020 amended the legislative acts on the reform for its effective completion.
The first step that was important for the reform was approval of resolution by the Cabinet of Ministers of Ukraine, No. 1339 on December 16, 2020. This resolution canceled Article 3 of Resolution of the Cabinet of Ministers of Ukraine No. 219, which led to the restoration of the effect of Resolution No. 533 (of control in the construction sector).
Later, on December 23, 2020, at a government meeting, the Ministry of Regional Development of Ukraine presented a new plan for reforming the construction industry. The main concept of the plan is to continue with the liquidation of SACI, but there are significant differences in the next steps. These differences are as follows:
- Restoring control of local self-government bodies for construction objects of consequences class CC1 and CC2;
- Creation of the State Inspectorate of Architecture and Town-Planning of Ukraine (DAIM), as the central executive body, which will exercise architectural and construction control and supervision in town-planning without permitting and registration functions;
- Amending the regulatory acts in the field of construction and cancellation of government Resolutions No. 218 and No. 219.
For this new transitional period, permissive and registration functions will be carried out by local governments; necessary documents must be submitted by the applicants through the Unified State Digital System in the Construction Industry - the "DIIA" portal.
Now it is difficult to predict how effective the reform would be in 2021, but this depends on the effectiveness of the approval of appropriate legal regulation and further steps taken by the government.
For more information, please contact Asters Counsel Anzhelika Livitska and Senior Associate Bohdan Shmorhun.
