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LAW OF UKRAINE

of November 5, 2009 No. 1704-VI

About construction regulations

(as amended on 12-05-2022)

This Law governs the relations in the field of regulation in construction and determines legal and organizational basis of development, approval, approval, registration and application of construction regulations.

Section I. General provisions

Article 1. Main terms and their determinations

1. In this Law the terms below are used in the following value:

the basic organization in construction - the organization which in certain direction of scientific and technical activities in construction performs functions on implementation of works on regulation in construction;

construction regulations - the regulation of technical nature which establishes mandatory requirements to object of regulation in construction;

regulation in construction - activities for development, approval, check, approval, modification, cancellation or recognition voided construction regulations;

the state construction regulations - the regulation approved by the central executive body, providing forming of state policy in the field of construction;

industry construction regulations - the regulation approved by the central executive body within the powers in case of lack of the state construction regulations or need of establishment of requirements to construction of separate types of constructions which concretize requirements of the state construction regulations;

parametrical method of regulation in construction - method of establishment of requirements to object of regulation in construction which provides determination of the purposes and/or parameters of safety, functionality and quality of object of regulation in construction (criteria, requirements to performance property and/or its indicators);

the ordering regulation method in construction - method of establishment of requirements to object of regulation in construction which provides the step-by-step description of object of regulation in construction (decisions, designs, materials which do not provide alternatives);

fund of construction regulations - the arranged meeting of control copies of construction regulations;

target method of regulation in construction - method of establishment of requirements to object of regulation in construction which provides determination of the purposes and specific criteria for evaluation of technical characteristics of object of regulation in construction.

The term "Single State Electronic System in the field of Construction" is used in this Law in the value given in the Law of Ukraine "On regulation of town-planning activities".

Article 2. Law coverage

1. Operation of this Law extends to the relations arising in the field of regulation in construction and applications of construction regulations.

2. Operation of this Law does not extend to activities in the field of standardization of construction materials and products.

Article 3. The legislation of Ukraine in the field of regulation in construction

1. The legislation of Ukraine in the field of regulation in construction consists of this Law, the laws of Ukraine "About fundamentals of town planning", "About responsibility for offenses in the field of town-planning activities" and other regulatory legal acts governing the relations in this sphere.

Section II. The organization of regulation in construction

Article 4. The principles of state policy in the field of regulation in construction

1. State policy in the field of regulation in construction is based on the following principles:

1) creation of the safe circle for health and life activity of the person (including for persons with disability and other handicapped national groups);

2) opennesses, transparency and democratic character of the procedure of development, approval and approval of construction regulations;

3) availability of information on the operating construction regulations;

4) compliance of construction regulations to modern achievements of science and technology;

5) compliance of construction regulations to requirements of the legislation, international standards and rules.

Article 5. Subjects and objects of regulation in construction

1. In construction treat subjects of regulation:

1) the central executive body providing forming of state policy in the field of construction;

2) other central executive bodies, other central executive bodies to which powers questions on regulation in construction belong.

The list of subjects of regulation in construction is established by the Cabinet of Ministers of Ukraine.

2. Objects of regulation in construction are:

1) layout and building development;

2) construction object, town planning and architecture and its constituent parts;

3) structure and contents of documentation of construction objects, town planning and architecture.

Article 6. Powers of the central executive body, providing forming of state policy in the field of construction

1. To powers of the central executive body, providing forming and realizing state policy in the field of construction, town-planning and architecture in the field of regulation in construction belong:

1) ensuring forming of state policy in the field of regulation in construction;

2) approval, modification, recognition invalid, cancellation of the state construction regulations and coordination of their development and check;

3) approval of the preliminary specifications on development of construction regulations;

4) approval of projects of industry construction regulations;

5) registration of the state and industry construction regulations;

6) No. 156-IX is excluded according to the Law of Ukraine of 03.10.2019;

7) organization of work on creation and ensuring functioning of the central fund of construction regulations;

8) the organization of work on check of the state construction regulations concerning legislation conformance to requirements, to providing their interconsistency and updating;

9) representation of Ukraine in the relevant international specialized organizations for regulation in construction;

10) ensuring official promulgation of the state construction regulations by placement on the official website and provisions of free access to them.

Article 7. Powers of the central executive bodies, other central executive bodies in the field of regulation in construction

1. In the field of regulation in construction treat powers of the central executive bodies, other central executive bodies:

1) approval, modification, recognition invalid, cancellation of industry construction regulations and coordination of their development and check, and also approval of the preliminary specifications on their development;

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