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New changes in the procedure for approval of project design documentation for construction in Ukraine

On 26 August 2020, the Cabinet of Ministers of Ukraine adopted a resolution "On Amendments to the Procedure for Approval of Project Design and Conduct of their Expertise" No. 752 (hereinafter referred to as the "Resolution"), which amended the Procedure for Approval of Project Design and Conduct of their Expertise (approved by the resolution of the Cabinet of Ministers of Ukraine No. 560 on 11 May 2011, hereinafter referred to as "Procedure"). The resolution came into force on 27 August 2020.

The Resolution provides for the following changes in the Procedure: 

Conduct of the Expertise

From 27 August 2020, the conduct of expertise is allowed only to expert organizations that meet the criteria determined by the Ministry of Communities and Territories Development and information about which the Ministry of Communities and Territories Development entered into the Register of Construction Activities after its launch in accordance with the legislation.

Reports Publishing

Mandatory (along with annexes) publication of reports is introduced, that must be carried out by an expert organization in the Register of Construction Activities.

Agreement with an Expert Organization

It can be concluded in electronic form, and the project design is also provided in both paper and electronic versions, depending on how the parties determined it in the agreement.

Expert Report Format

From August 27, 2020, the format of the expert report can only be "positive" or "negative". A positive report in format corresponds to the existing concept of an expert report and serves the basis for approving a project design, and a negative report will be a report on the faults, the need for their revision and/or non-compliance with the specified requirements.

Project Design Approval

The project can be developed in electronic form with subsequent approval by an electronic administrative document (order) of the relevant body with the imposition of an electronic digital signature of the chairman.

EIA Section

If there exists an environmental impact assessment report, the EIA section will be developed only for the measures not included in the environmental impact assessment report.

Energy Construction Approval

The transmission system operator and the operator of GTS will independently approve project designs, including those implemented with public funds or loans, regardless of the project cost.

Additional Expertise

-        Expertise, carried out in accordance with the Law of Ukraine "On the National Informatization Program" – in case the project design provides for the use of software and/or computer technologies and equipment for the creation of information, telecommunication and information and telecommunication systems, by the administrator (recipient) of budgetary funds.

-        Road safety audit – for road project designs that are subject to such audit.

Expertise of Investment Projects

For projects involving the attraction of state capital investments and/or credits (loans), attracted by the state or under state guarantees.

In general, the adoption of the Resolution is another step in the digitalization of the construction sector and the reform of the construction industry, that began this spring and remains in an active phase.

Among the potential negative consequences of the Resolution adoption, it is worth noting that only expert organizations that meet the criteria determined by the Ministry of Communities and Territories Development and information about which the Ministry of Communities and Territories Development has entered into the Register of Construction Activities will be able to carry out the expertise. This allows the Ministry of Communities and Territories Development significantly reduce the number of expert organizations on the market.

For more information, please contact Asters Counsel Anzhelika Livitska.

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