Construction: On Simplified Terms for Doing Business
26/04/2010
On April 14, 2010, Mrs. Natalia Dotsenko-Belous, Senior Associate at Vasil Kisil & Partners, delivered a how-to seminar on “Construction: On Simplified Terms for Doing Business”, which was held at LIGA Business Center.
The how-to seminar allowed the attendees – over 20 representatives of construction companies - to receive comprehensive answers from an experienced lawyer to the questions related to legal regulation of the activities of construction market operators, and valuable practical recommendations.
The list of laws and regulations and regulatory documents adopted and approved at various levels, from the laws of Ukraine to regulatory documents of local self-governing bodies, which establish the rules pertaining to the issuance of licenses, permits and approvals, currently includes several dozens of titles.
Mrs. Natalia Dotsenko-Belous gave a detailed overview of the most pressing issues for the construction business, such as:
1. Land aspects
• Simplification of the procedure for acquiring land titles: analysis of the Law of Ukraine “On Amending Certain Laws of Ukraine in Respect of Simplification of the Procedure for Acquiring Land Titles”: procedure for privatization, lease of municipal land plots (without any auction), acquisition of land title upon the acquisition of real property located on such land
• Land auctions: practice vs. law
• Voluntary and involuntary termination of land titles in the light of the Law of Ukraine “On Alienation of Privately Owned Land Plots, Other Immovable Property Located on Them for Public Needs or for Reasons of Public Necessity"
• A “moratorium” on payment of land tax and rent: from legislative inability to practical application
• Renewal and extension of Land Lease Agreements. Application of the Law of Ukraine “On Simplification of the Terms for Doing Business in Ukraine” for the purpose of extending the Lease Agreement
2. Regulatory approval algorithm in the construction sphere: from rules of law to practical application
• Regulatory approval centers as a single point of contact, through which all permits, licenses, and approvals must be received in the construction sphere – prospects of application
• Legalized status of construction standards: applied relevance of the Law of Ukraine “On Construction Standards"
• Public hearings: practice improved by crisis
• Town-planning rationale: analysis in the light of State Construction Standard 1.1.-4-2009
• Town-planning conditions and restrictions - the practice of issuance and preparation
• Building passport as an alternative to source data in the cottage construction (analysis of Order No. 459 of the Ministry of Regional Development and Construction of Ukraine, dated October 30, 2009)
• State construction expert examination and projects exempt from the examination: in search of new opportunities
• The procedure for obtaining a permit for construction works: a step-by-step action algorithm
• Opportunities to use the permits for construction preparation works in order to retain land titles
• The status of the general contractor - new insights into old requirements (Letter No. 12/14-728 of the Ministry of Regional Development and Construction of Ukraine, dated July 9, 2009)
• New action algorithm related to commissioning completed property construction: Certificate of Compliance vs. Certificate of Conformance
• Amended terms and procedure for registering titles to newly built property in Kyiv (Instruction No. 1227 of the Kyiv City State Administration, dated October 27, 2009)
• Simplified procedure for locating small architectural forms: analysis of the Procedure for Locating Small Architectural Forms for the Conduct of Business Activities, which was approved by CMU Resolution No. 982, dated August 26, 2009
• Ways to legalize unauthorized construction through the prism of the Temporary Procedure for Accepting into Operation the Completed Construction of Private Mansion-Type Dwelling Houses, Country Houses and Garden Houses with Household Structures and Buildings Constructed without any Permit for Construction Works, which Procedure was approved by CMU Resolution No. 1035, dated September 9, 2009
• State registration of ownership titles to newly built property in the light of the Law of Ukraine “On State Registration of Proprietary Rights to Real Estate and their Encumbrances”
3. Financial aspects
• The practice of application of the Law of Ukraine “On Prevention of the Impact of the Global Financial Crisis on the Industry of Building Materials and Housing Construction”: effect of the prohibition of early withdrawal from a construction project, transfer of utilities, force majeure, etc. in the light of Explanation No. 12/19-1-8/5-1173 of the Ministry of Regional Development and Construction of Ukraine, dated December 15, 2009
• Project declaration and construction financing funds: analysis of the practice of application and forecasting the development of this mechanism
• Housing construction cooperatives as a tool enabling to bring together affected investors for completing a construction project
• New opportunities to raise funds for construction projects through venture funds without any securities
• Mortgage notes: crisis-tested latent investment potential
• Option certificates – construction derivatives (Decision No. 572 of the Securities and Stock Market State Commission, dated June 16, 2009)
The participants of the workshop who received detailed comments and professional expert advice had an opportunity to debate on pressing practical problems and take advantage of an open dialogue with the expert to discover new opportunities for construction projects. All of the attendees acknowledged that the issues discussed were undoubtedly relevant and the expert advice was highly valuable for hands-on application.
Vasil Kisil & Partners holds, from time to time, industry-specific legal workshops in various fields of business and invites all interested persons to participate. The workshops are announced at Vasil Kisil & Partners’ corporate web-site at www.kisilandpartners.com.
The how-to seminar allowed the attendees – over 20 representatives of construction companies - to receive comprehensive answers from an experienced lawyer to the questions related to legal regulation of the activities of construction market operators, and valuable practical recommendations.
The list of laws and regulations and regulatory documents adopted and approved at various levels, from the laws of Ukraine to regulatory documents of local self-governing bodies, which establish the rules pertaining to the issuance of licenses, permits and approvals, currently includes several dozens of titles.
Mrs. Natalia Dotsenko-Belous gave a detailed overview of the most pressing issues for the construction business, such as:
1. Land aspects
• Simplification of the procedure for acquiring land titles: analysis of the Law of Ukraine “On Amending Certain Laws of Ukraine in Respect of Simplification of the Procedure for Acquiring Land Titles”: procedure for privatization, lease of municipal land plots (without any auction), acquisition of land title upon the acquisition of real property located on such land
• Land auctions: practice vs. law
• Voluntary and involuntary termination of land titles in the light of the Law of Ukraine “On Alienation of Privately Owned Land Plots, Other Immovable Property Located on Them for Public Needs or for Reasons of Public Necessity"
• A “moratorium” on payment of land tax and rent: from legislative inability to practical application
• Renewal and extension of Land Lease Agreements. Application of the Law of Ukraine “On Simplification of the Terms for Doing Business in Ukraine” for the purpose of extending the Lease Agreement
2. Regulatory approval algorithm in the construction sphere: from rules of law to practical application
• Regulatory approval centers as a single point of contact, through which all permits, licenses, and approvals must be received in the construction sphere – prospects of application
• Legalized status of construction standards: applied relevance of the Law of Ukraine “On Construction Standards"
• Public hearings: practice improved by crisis
• Town-planning rationale: analysis in the light of State Construction Standard 1.1.-4-2009
• Town-planning conditions and restrictions - the practice of issuance and preparation
• Building passport as an alternative to source data in the cottage construction (analysis of Order No. 459 of the Ministry of Regional Development and Construction of Ukraine, dated October 30, 2009)
• State construction expert examination and projects exempt from the examination: in search of new opportunities
• The procedure for obtaining a permit for construction works: a step-by-step action algorithm
• Opportunities to use the permits for construction preparation works in order to retain land titles
• The status of the general contractor - new insights into old requirements (Letter No. 12/14-728 of the Ministry of Regional Development and Construction of Ukraine, dated July 9, 2009)
• New action algorithm related to commissioning completed property construction: Certificate of Compliance vs. Certificate of Conformance
• Amended terms and procedure for registering titles to newly built property in Kyiv (Instruction No. 1227 of the Kyiv City State Administration, dated October 27, 2009)
• Simplified procedure for locating small architectural forms: analysis of the Procedure for Locating Small Architectural Forms for the Conduct of Business Activities, which was approved by CMU Resolution No. 982, dated August 26, 2009
• Ways to legalize unauthorized construction through the prism of the Temporary Procedure for Accepting into Operation the Completed Construction of Private Mansion-Type Dwelling Houses, Country Houses and Garden Houses with Household Structures and Buildings Constructed without any Permit for Construction Works, which Procedure was approved by CMU Resolution No. 1035, dated September 9, 2009
• State registration of ownership titles to newly built property in the light of the Law of Ukraine “On State Registration of Proprietary Rights to Real Estate and their Encumbrances”
3. Financial aspects
• The practice of application of the Law of Ukraine “On Prevention of the Impact of the Global Financial Crisis on the Industry of Building Materials and Housing Construction”: effect of the prohibition of early withdrawal from a construction project, transfer of utilities, force majeure, etc. in the light of Explanation No. 12/19-1-8/5-1173 of the Ministry of Regional Development and Construction of Ukraine, dated December 15, 2009
• Project declaration and construction financing funds: analysis of the practice of application and forecasting the development of this mechanism
• Housing construction cooperatives as a tool enabling to bring together affected investors for completing a construction project
• New opportunities to raise funds for construction projects through venture funds without any securities
• Mortgage notes: crisis-tested latent investment potential
• Option certificates – construction derivatives (Decision No. 572 of the Securities and Stock Market State Commission, dated June 16, 2009)
The participants of the workshop who received detailed comments and professional expert advice had an opportunity to debate on pressing practical problems and take advantage of an open dialogue with the expert to discover new opportunities for construction projects. All of the attendees acknowledged that the issues discussed were undoubtedly relevant and the expert advice was highly valuable for hands-on application.
Vasil Kisil & Partners holds, from time to time, industry-specific legal workshops in various fields of business and invites all interested persons to participate. The workshops are announced at Vasil Kisil & Partners’ corporate web-site at www.kisilandpartners.com.