At its meeting on 6 August, the Cabinet of Ministers of Ukraine allowed foreign companies to obtain construction permits in Ukraine without obtaining licences. This was reported by the government’s representative in the Verkhovna Rada, Taras Melnychuk, Komersant ukrainskyi
reports
The government has decided to allow foreign companies and organisations operating in Ukraine through separate divisions and permanent establishments to acquire the right to carry out economic activities in the construction of facilities.
The amendments are made to CMU Resolution No. 314 of 13 March 2022. They relate to the construction of facilities that are classified as objects with medium (CC2) and significant (CC3) classes of consequences.
The resolution was supplemented with provisions stipulating that a declaration on the conduct of economic activity may be submitted by non-residents through the Diia portal or through an administrative service centre.
The Ministry of Digital Transformation will formulate a request for information about representative offices of foreign business entities (if such a representative office wishes to file a declaration) and then send such a request to the State Statistics Service and the State Tax Service, which will provide the Ministry of Digital Transformation with the necessary information.
As explained by the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine, the right to conduct construction activities will be granted by submitting a free of charge declaration of economic activity to the licensing authority without the need to obtain a construction licence.
The adoption of this act will improve the regulatory framework for foreign companies in Ukraine. In particular, it will allow representative offices of Polish companies in Ukraine to carry out works on the arrangement of checkpoints on the Ukrainian-Polish border.
Such works are planned as part of the implementation of the Agreement between the Government of Ukraine and the Government of the Republic of Poland on the provision of a loan on the terms of related assistance dated 9 September 2015.
The relevant provision will be in force for the duration of martial law.
What are objects with medium (CC2) and significant (CC3) consequence classes?
The consequence class (liability) of buildings and structures is a characteristic of the level of possible danger to the health and life of people who will be permanently or periodically on the site or outside the site, material damage or social losses associated with the termination of operation or loss of the integrity of the site.
All facilities are divided into the following classes of consequences (liability):
- minor consequences – CC1;
- medium consequences – CC2;
- major consequences – CC3.
As a rule, buildings and structures of class CC3 include
- facilities of oil and gas production, gas processing, metallurgical, chemical and other industries equipped with fire and explosion hazardous tanks and storage facilities for liquid fuels, gas and gas products, especially when stored under pressure (process pipelines, apparatus, boilers, gas holders, isothermal tanks with a capacity of more than 10 thousand cubic metres). cubic metres, oil and oil product storage tanks with a capacity of 30 thousand cubic metres and more, high pressure vessels, etc;)
- facilities of chemical, petrochemical, biotechnological, defence and other industries related to the use, processing, manufacture and storage of chemically toxic, explosive and fire hazardous substances and industrial explosives, biologically hazardous substances, etc;
- coal and mining facilities that are hazardous in terms of fire, explosion and gas in accordance with the classification of the State Committee of Ukraine for Industrial Safety, Labor Protection and Mining;
- buildings of the main ventilation systems at mines and quarries;
- nuclear power facilities (NPPs, AETCs, ACTs), including storage facilities and plants for the processing of nuclear fuel and radioactive waste, as well as other radiation hazardous facilities according to the SNRIU classification;
- hydro and thermal power facilities (HPPs, SDPPs, TPPs, CHPs, PSPs) with a capacity of more than 1.0 million kW
- bridges and tunnels on roads of the highest category, or with a length of more than 1000 m or a span of more than 300 m;
- stationary structures of navigation aids to navigation;
- gateways and main port facilities on waterways of the 1st and 2nd classes of DSTU B B.2.3-1;
- buildings and structures of major railway stations and airports;
- main pipelines with a diameter of more than 1000 mm or with a working pressure of more than 2.5 MPa, as well as sections of main pipelines of smaller diameter and with lower working pressure at crossings over water obstacles, railways and motorways;
- hydraulic structures of reclamation systems with an irrigation and drainage area of more than 300 thousand hectares and reservoirs with a volume of more than 1 cubic kilometre;
- large elevators and granaries, milling plants;
- residential, public or multifunctional buildings over 100 metres in height;
- buildings of major museums, state archives, and repositories of national historical and cultural values;
- spectacular facilities with a massive presence of people (stadiums, theatres, cinemas, circuses, exhibition spaces, etc;)
- buildings of universities, institutes, schools, preschools, etc;
- large hospitals and other healthcare facilities;
- department stores and other large retailers;
- life support facilities for large urban areas and industrial areas;
- large protective and safety facilities (mudflow, landslide, avalanche protection structures, protective dams, etc.).
Class CC2 buildings and structures include those that do not belong to class CC3:
- main facilities of the metallurgical industry, heavy engineering, petrochemicals, shipbuilding, defence industry (blast furnace and open-hearth shops, assembly buildings, tall chimneys, etc.)
- boreholes, engine rooms of mining machines;
- hydro and thermal power facilities with a capacity of less than 1.0 million kW, distribution systems of main high-voltage power grids (including power line towers and open switchgear);
- tanks for oil and oil products;
- roadways of main roads, runways, bridges and tunnels with a length of less than 1000 m, cable cars, railway stations, airports, helicopter stations;
- main pipelines;
- large hotels, hostels;
- water supply and sewerage facilities (including water towers, treatment plants, water intakes) of industrial enterprises and settlements;
- buildings of entertainment and sports enterprises, trade, catering, consumer services, healthcare facilities;
- buildings and structures of central warehouses to meet the vital needs of the population, warehouses of particularly valuable equipment and materials, military warehouses;
- residential, public or multifunctional buildings up to 100 metres in height.
Buildings and structures of class CC1 usually include:
- all industrial, energy, transport and communication, agricultural and agricultural product processing facilities not included in classes CC3 and CC2;
- public buildings, physical culture and sports facilities not included in classes CC3 and CC2, as well as all temporary facilities, mobile homes;
- facilities of intra-production roads, communications and product pipelines;
- greenhouses, greenhouses;
- low voltage distribution network poles, lighting poles.