CONSTRUCTION ADDRESS ASSIGNMENT: UNIFIED AND SIMPLER

On March 27, 2019 the Cabinet of Ministers of Ukraine adopted the Order No. 367 to approve the Temporary procedure for experimental project related to address assignment (for real property under construction as well as for commissioned one) (hereinafter – the Temporary procedure) which is aimed to simplify address assignment.

Starting from July 1, 2019 addresses will be assigned due to the Temporary procedure only. Earlier each local authority has approved its own separate order.

ADDRESS ASSIGNMENT

The Temporary procedure provides three options for address assignment:

1. By obtaining construction passport or town-planning conditions and restrictions;

2. After obtaining the right to construct;

3. After construction commissioning.

The respective authority shall adopt decision on address assignment within 5 business days after getting all the documents (listed in par. 3 Art. 27 or par. 3 Art. 29 of the Law of Ukraine On Regulation of Town Planning Activity) from a developer and publish it on its official web-site or in print media. The original hard copy of the decision may also be requested by developer.

Please note the service related to address assignment is free of charge.

IF CONSTRUCTION PASSPORT OR TOWN-PLANNING CONDITIONS AND RESTRICTIONS HAD BEEN ISSUED BEFORE THE TEMPORARY PROCEDURE WAS ADOPTED

According to the Temporary procedure a developer may apply to the respective authority with the relevant request on address assignment in case construction passport or town-planning conditions and restrictions had been issued before the Temporary procedure was adopted.

No any decision on address assignment is not required in case individual residential house, garden house or country house was constructed (has already been constructed) on the land plot owned due to the title registered in the Public Title Register but the construction address had not been assigned by obtaining construction passport or town-planning conditions and restrictions. In this case the address should be the same to the one assigned to the land plot according to information from the Public Title Register.

In both cases developer may apply to the respective authority with the relevant request on address assignment:

• to a real property under construction (before commissioning);
• to a commissioned real property.

The exhaustive list of documents to be attached to application is provided in it. 29 of the Temporary procedure.

ADDRESS ASSIGNMENT TO ILLEGAL CONSTRUCTION

An address may be assigned to an illegal construction (in case the title over such property was recognized in court) after its commissioning.

It should also be noted an address is not assigned to temporary constructions.

RESPECTIVE AUTHORITIES

According to the Temporary procedure a respective authority means:

• executive body of city or village council;
• district state administrations in Kyiv;
• local state administration.

The above authorities may not request any extra documents to assign an address.

OTHER NOVELTIES

The address assigned to a real property under construction shall remain the same after the building is commissioned. In this case a developer shall just notify the respective authority on such commissioning online within 5 business days after the relevant commissioning declaration or certificate is registered.

It should be noted according to the Order No. 367 the Ministry of Regional Development shall launch the online user’s cabinet (thus applications may be submitted online).

Please note according to the above Order commissioning declarations may be registered online (within 1 day but not 10 was as it was earlier). 

This novelty shall be available from July 1 when the Temporary procedure will come into force. 

To sum up please note the address assignment procedure has been reduced from 30 to 5 business days and has become unified throughout Ukraine. The address now is assigned even before construction works start.

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. 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.