It is obligatory to declare initiation of preparatory works
- Author: Alexander Lashin
- Practice areas: Real estate, construction and land law
- Date of publication: 16/09/14
Declaration of a construction business simplifies conducting this activity. However, different declarations which are related to building works have to be used according to the current laws. A lot of directors know that there is a declaration on beginning of construction works which provides with a right to build. But they don’t think for what a declaration on beginning of preparatory works is needed. And only when there are problems with the state control bodies then directors find out about necessity of this document.
The current laws in this sphere (the Law of Ukraine “On regulation of town-planning activity” and the Decree of the Cabinets of Ministers of Ukraine dated the 13th of April 2011 no. 466 “On some matters on conducting preparatory and construction works”) regulate that a declaration on beginning of preparatory works is intermediate. In order to this directors may not have it if there is already a declaration on beginning of construction works. It seems that situation is clear. A declaration on beginning of preparatory works provides with a right to conduct preparatory works and build an object. But there are situations when preparatory works had begun before all main actions on construction buildings. In this case conducting of preparatory works is possible only with a declaration on beginning of preparatory works.
Despite the matter that all construction company start all actions after registration of declaration on beginning of construction works, an intermediate document on beginning of preparatory works is an important legal link. It is explained that a declaration on beginning of preparatory works gives an opportunity to start necessity actions after getting a certificate of ownership on an area where object will be located.
Urgency of conducting preparatory works can be explained by different reasons, for example, favorable weather or free circulation of funds.
According to the State construction rules of Ukraine preparatory works is an obligatory condition for construction.
It is important to know what term “preparatory works” means. According to the explanations of the state control bodies, including the State architectural and construction inspection of Ukraine (the letter dated the 1st of September 2009 no. 22/7-5409), preparatory works are construction works which prepare territory for construction. The most popular preparatory works are:
- Preparation of area for construction;
- Fencing a construction area, demolition of buildings and other elements of landscaping on the area;
- Creation of temporary household and production objects which are necessary for service and organization of construction works, supply temporary engineering networks;
- Arrangement of storages and driveways for construction materials;
- Providing a construction object with fireproof and fire extinguish supply, lighting, connection and signalization;
- Arrangement of geodetic works for engineering networks, artificial decrease of water level, arrangement of new engineering networks.
As follows, conducting these works and getting a declaration on beginning of construction works is possible only if a declaration on beginning of preparatory works is registered.