Building passport 2022, can it be issued for a house up to 300 or up to 500 square meters?

From 2019, on the basis of a building passport, it is possible to build individual (manor) residential houses, garden houses, country houses of no more than two floors (not including the attic floor) with an area of up to 500 square meters, farm buildings and structures, garages, elements of improvement and landscaping of the land plot ( Article 27 of the Law of Ukraine “On Regulation of Urban Development Activities”). Necessary changes were also made to Resolution of the CMU No. 466 of April 13, 2011, which approved the List of objects, the construction of which is carried out on the basis of a construction passport.

However, in two years no changes have been made to the Procedure for Issuing a Construction Passport for Land Development, which sometimes leads to difficulties in issuing construction passports for objects with an area of more than 300 square meters. At the same time, the specified Procedure is a by-law, and the norms of the Law “On Regulation of Urban Development” have a higher legal force!

✅  Thus, today (as of January 3, 2022), the law allows the issuance of building permits for objects with a total area of up to 500 square meters, and refusals with reference to the provisions of the above-mentioned Procedure are illegal.

⭕️  Electronic construction passport, cancellation and suspension of the construction passport and other changes to the order of its issuance — 2021 (draft)

Budpassport and DIYA

From the fall of 2020, information on construction passports for land development must be entered into the Unified State Electronic System in the field of construction. As a result, each building passport is assigned an EDESSB registration number (format BP00:0000—0000—0000-0000) and a QR code is generated with a link to the specified building passport on the e-construction.gov.ua portal

In the absence of a registration number, incompleteness of data entered into the EDESSB or errors in entering information, it will be impossible to issue (register) a notice of the start of construction work! In addition, the construction passport I received, issued in October 2020 (Kyiv city), did not contain a registration number, but the DABI message (currently DIAM) registered it without problems.

❗️ It is important to check the data that was entered into the Unified State Electronic System in the field of construction, because in practice I encountered situations when the information was entered incompletely or errors occurred, which subsequently leads to the refusal of the DIAM body (DABK) to register documents that give the right to start construction works.

🔎 Construction passport registered in the EDESSB (QR code has been changed):

❌  Share participation in the development of the infrastructure of the settlement: since share participation has been canceled since 01.01.2021, regardless of the area of the house, the customer (owner) should not now pay a share contribution, except for cases when he had previously concluded a corresponding contract (or other document, according to which the customer has an obligation to pay the share contribution).

✅  Important: there are a number of objects for the construction of which it is not necessary to issue a building passport and permission documents, and which do not need to be put into operation. The list of such objects (more precisely, construction works) was approved by Resolution of the CMU No. 406 of June 7, 2017.

Building passport (building passport)

A building passport is a document that defines a complex of urban planning and architectural requirements for the placement and construction of an individual (manor) residential building, a garden house, a country house not higher than two floors (excluding the attic floor) with an area of up to 500 square meters, farm buildings and structures, garages, landscaping elements and landscaping of the land plot.

A building passport is issued both for plots located in cities and villages, as well as for plots in garden associations and summer cottage cooperatives – the rules for issuing a building passport are uniform.

The procedure for issuing a construction passport

The Budpassport can be issued both offline through TsNAP (by submitting documents in person or by mail) and online through the DIYA portal.

The Budpassport contains textual and graphic materials, the most important of which is the scheme of land development.

Buildings and structures that are planned to be placed on the land plot must be drawn on the development plan, since the construction of objects that are not in the building passport (and, accordingly, in the notice of DIAM (formerly DABI)) will be considered spontaneous, that is, as being carried out without documents that give the right to perform construction works (regarding such objects). At the same time, it will not be a violation of the current legislation to build only a part of the buildings and structures specified in the construction scheme. The building scheme must indicate the distances from the planned buildings and structures to the boundaries of the land plot, red lines, development regulation lines, etc., as well as to objects on neighboring land plots.

📌  It is important to note here that we are talking not only about objects already built by the neighbors (or construction started), but also about those that are only planned by them before construction (of course, provided that the neighbors receive the documents required by law).

Information about objects planned by neighboring landowners (land users) is available in local urban planning and architecture authorities, which issued (or currently approve) building passports or urban planning conditions and restrictions on land development (MUOZZD). And from the fall of 2020, such information began to appear on the e-construction.gov.ua portal

The fact that the adjacent plot is empty does not mean that no construction is planned on it, and that you can deviate from the boundary of 1 m or even 5 m and build there, for example, a house. Situations are possible when all the neighbors have already received construction passports or MUOZZD, which provide (permit) the placement of buildings at a distance of 1 m from the boundary of your plot. Therefore, in most cases, it will be necessary to retreat 7 m from the border (and sometimes more), in order not to violate the requirements of the current legislation regarding fire distances. This is one of the main reasons why construction permit documentation should be issued before the start of work.

📐 Distances between houses and structures; distances to site borders, fire protection and others (2021)

The list of documents for issuing a bud passport

Clause 2.1 of the Procedure for Issuing a Building Passport for Land Development establishes the following list of documents:

• application for the issuance of a construction passport with the customer’s consent to the processing of personal data;
• a certified copy of a document certifying ownership or use of a land plot, or a superficiation contract, certified in the prescribed manner;
• sketchy plans for development (location of buildings and structures on the land plot, distances to the borders of neighboring land plots and objects located on them, engineering networks and structures, facades and floor plans of objects with overall dimensions, a list of engineering support systems, in including autonomous, planned for use, etc.);
• construction project (if available);
• the consent of the co-owners of the land plot (residential building) to the development is certified in the prescribed manner.
• application for the issuance of a construction passport with the customer’s consent to the processing of personal data (and making changes) — Appendix 1 to the Procedure.

As a rule, we are talking about notarized copies of documents certifying the right to land (for example, a state act, a civil law agreement and a state act with the appropriate markings, a civil law agreement and an extract from the Land Registry or Information Certificate, etc.).

The sketchy intentions of the development are submitted to the urban planning and architecture authorities and can be executed in an arbitrary form. Any requirement to provide sketches made by a certified specialist or similar is illegal. The sketch of the development intentions is executed in an arbitrary form, therefore it is not necessary to approve its composition, content and order of development (letter of the Ministry of Regions dated November 30, 2011 No. 7/14-16432).

Usually, during construction according to the construction passport, the construction project is not developed. Even if the project has been developed (or purchased), it is better to limit yourself to submitting only sketches to the urban planning and architecture authorities. Any requirements for the provision of project documentation for the production of a building passport are groundless.

Certified consent is required in the presence of co-owners. Usually, they are drawn up in an arbitrary form, and the signatures of persons on them are notarized.

⭕️  Despite the fact that the list of documents for issuing a construction passport is exhaustive, urban planning and architecture authorities often require additionally to provide a copy of the plan of the settlement or the plan of the association, topographical survey (for example in Kyiv), charters of garden (horticultural) or dacha cooperatives (cooperatives) , extract from the State Land Cadastre, technical conditions, address documents, etc. The procedure for issuing a construction passport does not oblige the customer to provide such documents.

Grounds for refusing to issue a construction passport

The current legislation of Ukraine contains an exhaustive list of grounds for refusing to issue a business passport, yes, according to clause 2.4. Procedure: the package of documents for issuing a construction passport or making changes to it is returned by the authorized body of urban planning and architecture to the customer on the following grounds:

• failure to submit a complete package of documents;
• inconsistency of land development intentions with the requirements of urban planning documentation at the local level, detailed plans of territories, planning decisions of projects of horticultural and dacha associations, state building regulations, standards and rules.

📌  In practice, most refusals are justified by the lack of urban planning documentation (master plan, DPT, etc.) or by the non-compliance of submitted documents (in particular, sketchy building intentions) with the requirements of current urban planning legislation.

The possibility of issuing a building passport and placing certain buildings and structures on a plot of land should be checked before purchasing a plot of land.

Deadline

The deadline for the provision (production) of the construction passport is fixed in clause 2.1. Procedure: the construction passport is issued by the authorized body of urban planning and architecture free of charge within ten working days from the date of receipt of the package of documents.

In most cases, a package of documents for obtaining a construction passport is submitted to the Centers for the provision of administrative services (TsNAP).

The right to perform construction works

After obtaining a construction passport, in order to obtain the right to carry out construction works, it is necessary to submit a notification to the relevant state architectural and construction control body (DIAM (DABK)) about the start of construction works on objects, the construction of which is carried out on the basis of a construction passport!

✅The notification can be submitted through the Central Administrative Office (in paper form) or electronically through the Diya portal.

ℹ️  A convenient search system for the DABI/DIAM Register: URBANDATA and Telegram-bot DabiBot.

Notification of DABI on the start of construction works

In order to obtain the right to perform construction works on the construction (reconstruction) of individual (manor) residential buildings, garden, country houses not higher than two floors (excluding the attic floor) with an area of up to 500 square meters (outbuildings and structures, garages, landscaping elements and landscaping of a land plot), for the construction of which a building passport for the development of a land plot has been obtained (issued), it is necessary to submit a notification to the relevant state architectural and construction control body (DABK) about the start of construction work on objects, the construction of which is carried out on the basis of a construction passport.

📌 The right to perform construction works arises after the submission of the specified notice. The customer is obliged to submit such a notice no later than one day before the start of construction.

It is more convenient to submit the notification through the Central Administrative Office or through the electronic system of declarative and permit procedures in construction.

The state architectural and construction control body is obliged to register the submitted notification and enter data about it in the Unified Register of Documents, which give the right to perform preparatory and construction works and certify the acceptance into operation of the completed construction objects, information about return for revision, refusal to issuance, cancellation and annulment of the specified documents.

You can check whether the submitted message is registered on the website of the State Bureau of Ukraine.

❗ Despite the fact that the current legislation does not provide for the possibility of refusing to register a notice or returning it, the state architectural and construction control authorities sometimes “refuse” to register a notice. That is why, in order to avoid controversial situations that may lead to the imposition of an administrative penalty in the form of a fine on the customer, it is necessary to carefully fill out the notification and enter all the information required by law.

📌 It is also necessary to always fill in the current form of the corresponding notification, since the forms of permit documents change quite often (for example, the last change took place on 04/28/2018).

Documents granting the right to perform construction works are valid until the construction is completed. At the same time, the state architectural and construction control authorities have the right to cancel such documents (including notices) in certain situations, and then the customer is obliged to resubmit the notice or appeal such cancellation.

❗ It is important to pay attention to the fact that so far only changes have been made to Art. 27 of the Law of Ukraine “On the Regulation of Town Planning Activities” (according to which, from January 1, 2019, building passports can be issued for objects with an area of up to 500 square meters), and to the Resolution of the CMU No. 466 dated April 13, 2011, which approved the List of facilities, the construction of which is carried out on the basis of a construction passport, the corresponding changes have not been made at the moment (in the mentioned Decree, we are talking about the area “up to 300 sq.m.

Yuriy Brykailo, DREAMDIM