GASK Declaration and Permit Processing

Before beginning construction, it is necessary first to depict the future building on paper, and then obtain permission for its erection, which for a number of objects is the registration of a Declaration on the commencement of construction works. The GASK Declaration is required for the construction of premises classified as complexity categories I–III.

If the object is classified as complexity categories IV–V, the documents are sent to the GASK of Kyiv and Kyiv region, where a permit for construction works is issued.

The procedure for submitting the declaration is established by the authority responsible for urban planning policy, which is the State Architectural and Construction Inspectorate of Ukraine. The declaration is completed in two copies and submitted to the territorial office of GASI, where it must be registered within five working days. If during this period discrepancies in form or content are found in the declaration, it is returned to the applicant with a cover note stating the reason for the refusal to register. If the inspection does not return the declaration but also does not register it, then after ten days from the date when the declaration should have been registered, it is considered that the applicant has automatically received GASK permission to commence construction works.

Obtaining permits for the construction of objects up to 300 sq.m.

For the construction of an individual two-story house (excluding the attic) with an area not exceeding 300 sq.m., as well as utility buildings, a somewhat simplified procedure for obtaining permitting documentation is established:

• there is no need to register a declaration or obtain a permit to carry out construction works;
• there is no need to obtain urban planning conditions and restrictions, and the development of a construction project is also not mandatory (unlike the declaration registration and permit issuance procedures described above);
• only obtaining a building passport and notification of the commencement of construction works is required.

Let’s describe this procedure in more detail:

Step 1.

In order for specialists from the company «Nakaz» to represent your interests before government bodies, to receive and submit the necessary documents, it is necessary to issue a notarized power of attorney on your behalf.

Step 2.

Obtaining the building passport. To do this, the following package of documents must be submitted to the local urban planning and architecture authority:

• an application in the prescribed form;
• consent to the processing of personal data;
• a notarized copy of the document on rights to the land plot;
• a sketch project of the intended development (graphical and textual representation of the development in free form, but with mandatory indication of certain data: the location of the construction on the plot, distances to the neighbors’ boundaries and their structures, building dimensions, elevations and plans, information about engineering systems, etc.);
• notarized consent for development from all co-owners of the plot (if necessary).

Optionally, in order to specify construction intentions, a construction project, topographic survey, technical information, and so on can also be added to the document package. All additional documents can be ordered from the specialists of our company.

The decision to issue the building passport is made within 10 working days. This administrative service is provided free of charge.

Step 3.

Submitting to the territorial body (at the location of the object) of GASI a notification of the commencement of construction works. The notice is submitted in the prescribed form at least one day before the start of the works.

Step 4.

It is necessary to inform in writing within 7 calendar days the local fire and technological safety authorities, the council or state administration about the submission to GASK of a notification on the commencement of construction works.

Only after completing all the specified steps will you have the right to begin construction works.

In practice, the procedures for submitting a declaration or notification, obtaining a permit or passport are not so cheerful. Bureaucratic red tape has not been abolished. Queues and nitpicking over the correctness of document completion turn the processing of a declaration into a rather nerve-wracking activity. To obtain a guaranteed result and not delay procedural matters, you can simply entrust your communication with the inspection to the professionals of the company «Nakaz».

Legislation:

• Law “On Regulation of Urban Planning Activities” dated 17.02.2011 No. 3038-VI;
• Resolution of the Cabinet of Ministers of Ukraine dated 13.04.2011 No. 466 “Some issues of carrying out preparatory and construction works“;
• Order of the Ministry of Regional Development, Construction and Housing and Communal Services dated 05.07.2011 No. 103 “On approval of the Procedure for issuing the construction passport for land parcel development“.