of May 23, 2011 No. 553
About approval of the Procedure of the state architectural construction supervision
According to article 41 of the Law of Ukraine "On regulation of town-planning activities" the Cabinet of Ministers of Ukraine decides:
1. Approve the Procedure of the state architectural construction supervision which is applied.
2. No. 148 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 27.02.2012
3. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list it (is applied).
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 23, 2011, No. 553
1. This Procedure determines the procedure of implementation of the actions directed to observance by customers, designers, the contractors certified by executives in charge of works, the companies which provide specifications of rather engineering support of construction object, and the expert organizations (further - subjects of town planning) requirements of the legislation in the field of town-planning activities, construction regulations, standards and rules in case of accomplishment of preparatory and construction works.
When implementing actions of the state architectural construction supervision concerning subjects of town planning (legal entities and physical persons entrepreneurs) on construction objects bodies of the state architectural construction supervision shall provide observance of requirements of Article 1, of Article 3, to part one, the fourth, sixth - the eighth, paragraph two of part ten, parts thirteen and the fourteenth Article 4, of parts one - the fourth Article 5, Article parts three 6, of parts one - the fourth and sixth article 7, of articles 9, of 10, of 19, of 20, of 21, of Item 3 of the article 22 "Final provisions" of the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity".
1-1. In this Procedure the term "electronic office" is used in the value given in article 22-3 of the Law of Ukraine "On regulation of town-planning activities".
Before introduction of Single state electronic system in the field of construction accomplishment of functions of electronic office provides electronic office of the customer which introduction is stipulated in Item the 10th Section II "Final and transitional provisions" of the Law of Ukraine "About modification of some legal acts of Ukraine concerning enhancement of procedure for provision of administrative services in the field of construction and creation of Single state electronic system in the field of construction.
2. The state architectural construction supervision is exercised behind observance:
1) requirements of the legislation in the field of town-planning activities, the project documentation, construction regulations, standards and rules, provisions of town-planning documentation of all levels, basic data for designing of objects of town planning, specifications, other regulating documents, during execution of preparatory and construction works, architectural, technical and constructive concepts, application of construction products;
2) procedure of designer's and test authority, maintaining general and (or) special registers of performance of works (further - general and (or) special magazines), executive documentation, creation of acts on executed construction and commissioning;
3) other requirements established by the legislation, construction regulations, rules and the project documentation concerning creation of construction object.
The state architectural construction supervision on construction objects which are property of foreign states of the international organizations, foreign legal entities and physical persons and are located in the territory of Ukraine, it is performed according to this Procedure.
3. No. 407 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 07.06.2017
4. Officials body of the state architectural construction supervision have official IDs of the established sample which form affirms the Ministry of Regional Development.
5. The state architectural construction supervision is exercised according to the procedure of carrying out scheduled and unscheduled inspections by the territorial principle.
6. The check provided by the work plan of body of the state architectural construction supervision which affirms the head of such body is considered scheduled inspection.
Frequency of conducting planned inspections of subjects of town planning on construction objects is determined according to criterion by which the risk degree from implementation of economic activity in the field of town planning is evaluated and frequency of holding planned actions of the state supervision (control) of the state architectural construction supervision by bodies is determined.
Scheduled inspections of construction objects which customers are physical persons (citizens) are carried out not more often than once to half a year.
The term of conducting planned inspection cannot exceed ten working days.
The bases for carrying out unscheduled inspection are:
idea by the subject of town-planning of the written application of conducting check of construction object or construction products at his desire;
Need of conducting check of accuracy of the data, provided in the message and the declaration on the beginning of accomplishment of preparatory work, the message on the beginning of accomplishment of construction works, the declaration on readiness of object for operation, within three months from the date of submission of the specified documents;
identification of the fact of illegal asset construction;
check of accomplishment by the subject of town-planning activities of requirements of instructions body of the state architectural construction supervision;
the requirement of the official of GIAG about conducting check in the presence of the bases established by the law;
the appeal of physical persons or legal entities about violation by the subject of town-planning of requirements of the legislation in the field of town-planning activities;
requirement of law enforcement agencies about conducting check.
The term of carrying out unscheduled inspection cannot exceed ten working days, and the relevant organ of the state architectural construction supervision or its deputy no more than for two working days can be in case of need disposable continued according to the written decision of the head.
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