Comments of a lawyer on filling out of construction license documents

Proper completion of documents for the Construction License 

When providing legal assistance in filling out the documents for obtaining a Construction License, we are often faced with a large number of various questions asked by licensees. Taking into account the fact that in case of failure to correctly fill out the documents, the licensing authority refuses to issue a license, we decided to clarify the key issues related to the completion of documents.

The main package of documents to be submitted when applying for the Construction License shall include an application, statements, a list of construction works, etc. There is a number of requirements for filling out each of these documents.

Thus, the application for the Construction License, among other things, shall contain the following information: 

  • Long title of the applicant (full name of an individual entrepreneur);
  • Legal address (do not confuse with the place of construction) or residence address of an individual entrepreneur;
  • Bank details;
  • Information about the director of a construction company.
The last point concerning the director of the construction company usually raises questions among applicants about whether the director of the company shall have a construction education. There are several answers to this question. A company’s director may have an appropriate construction education, but it is not a must. If the director, for example, has an economic education, then the company shall hire a chief engineer who has the necessary construction education. So, as you can see, your problem related to the education of the director can be easily solved.

It should be remembered that the application for the Construction License shall be signed by the company’s director and affixed with a seal, if any. By signing and submitting this document, the applicant not only informs the licensing authority about the desire to obtain the License, but also confirms the fact of familiarization with the licensing rules and other regulations, which shall be followed when carrying out economic activities related to creation of construction facilities.

The next document from the list, and perhaps the most difficult to fill out, is a statement on the material and technical base, employees and their professional and qualification level, construction technologies, legal, regulatory and engineering provisions, etc.

This document is so extensive that we prepared a separate publication with examples of filling out the construction statements and comments on individual points.

However, we would like to answer the most common questions of the license applicants, which, to a certain extent, also relate to the statements to be attached to the application.

Question 1. What to do, if we set up a new company and have never performed construction works, we do not have a license, and it is necessary to specify the types of construction works?

Don’t worry, it’s no big deal. You need to recruit workers that have previously performed such works at other objects, namely to hire those persons who will be included in the staff of engineering - technicians of the new company. For example, Chief Engineer, Director, Foremaster, etc.

Question 2. How many workers shall be specified in the Statement so that the License wasn’t refused?

It is very easy to determine the necessary number of workers. You must specify one or more workers for each type of construction works declared in the application. For example, you need to install external pipelines. In this case, you shall specify the number of employees depending on the scope of work. This rule is also applied to other points. In case you don’t know exactly whether a certain type of construction works will be performed at any facility, you may specify one person only.

Another key document from the list is the application for the list of works, where the applicant specifies the types of works to be performed according to the relevant classifier. However, there are both types of works (for example, construction and installation works, installation of engineering networks) and their subtypes, which you also need to specify (for example, construction and installation works may include the construction of metal structures, installation of stone and reinforced stone structures, etc.).

However, filling out this statement does not guarantee that the licensing authority will have no remarks. So, applicants often wonder that they declared all types of construction conditions, according to the list of works, but the licensing authority refused to grant them the License, claiming that certain data were not specified. Why?

If in the construction conditions you specify the earthquake-prone territories and territories with difficult engineering-geological conditions, you shall have an employee who has undergone special training courses and received a permit to work in such construction conditions. And only in this case you may specify all types of construction conditions. This person, for example, may be the head of the construction section.

The last, but not the least, document is the application for a paper license. The need for such a document arose after innovations in the field of licensing, namely after the adoption of a new law that introduced the concept of the e-license. Thus, when issuing a license, one may choose its form - electronic or paper. In order to obtain a paper license, one shall submit an appropriate application.

The obtainment of the Construction License is a rather complex procedure, which requires knowledge of a wide range of laws and regulations, as well as practices of their application, and therefore it is impossible to answer all potential questions of the applicant in one publication. However, if you have already decided to obtain the Construction License in Kyiv or another region of Ukraine, please contact our company and our specialists will provide you with a comprehensive legal support and assistance in obtaining the License, as well as will advice you on all the related issues.

Publication date: 26/02/2016

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