CONSTRUCTION LAW IN FOCUS

• Date: 17.01.2019
• Author: Vladyslav Kysil
• Practice: Real Estate and Construction
• Industries: Banks, insurance, leasing and financial companies, The participants of the real estate market, Industrial and Production Companies, Agricultural Companies

NEW YEAR'S GIFT FOR DEVELOPERS

On January 01, 2019 the Law of Ukraine On amending the Tax Code of Ukraine and Some Other Legislative Acts of Ukraine on Improvement of Administration and Revision of Rates of Some Taxes and Fees came into force.

Despite the name of the Law it particularly introduces amendments to the Law of Ukraine On Regulation of Urban Development (hereinafter – the Law) which are probably attractive for some developers.

CONSTRUCTION UNDER A BUILDING PASSPORT

Now a building passport is enough for constructing individual residential, garden or country house no higher than two floors with an area of up to 500 square meters (the area has been limited up to 300 square meters before).

Please note the building passport defines a complex of urban and architectural requirements for construction. Construction project is not required in case a building is constructed under a building passport.

SOME DEVELOPERS ARE EXEMPTED FROM INVESTMENT CONTRIBUTION

The Law has expanded the list of constructions exempted from investment contribution for infrastructure development within locality. Among the new are:

- agricultural buildings;

- buildings of food industry;

- grain tanks and storage facilities (for storage of agricultural products).

We would like to remind that according to Art. 40 of the Law in case a developer intends to construct a building with a locality it shall contribute to creating and developing of engineering, transport and social infrastructure of the city.

TOWN-PLANNING ESTIMATION IS NOT REQUIRED ANYMORE

Starting from January 1, 2019 developers are not required to provide town-planning estimation by applying for town-planning conditions and restrictions. The relevant requirement has expired from the beginning of the year.

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Vladyslav Kysil  (v.kysil@kpdconsulting.com.ua) or Mr. Mykhailo Semka (m.semka@kpdconsulting.com.ua). We will be pleased to assist You.

The information contained in this overview is not intended to provide legal advice and should not be relied on or treated as a substitute for specific advice concerning individual situations.