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Construction clients can now appeal a refusal to issue urban planning conditions and restrictions online through their personal account in the Unified State Electronic System in Construction. To do so, they must apply to the State Inspectorate of Architecture and Urban Planning of Ukraine (DIAM).
This became possible thanks to an appeals mechanism previously approved by the Government, with DIAM authorised to consider such applications as part of state architectural and construction supervision.
The appeals mechanism was introduced because obtaining urban planning conditions and restrictions in practice often becomes one of the most problematic stages in launching construction projects. According to EDESSB, more than a third of applications are refused, which can delay projects, increase costs and adversely affect investment attractiveness.
The new mechanism is expected to prevent construction projects from being blocked by formal refusals. At the same time, a clear and transparent procedure for appealing such decisions will operate.
Now, if a construction client believes that the authorised urban planning and architecture authority has unjustifiably refused to provide urban planning conditions and restrictions, the client can appeal the decision to DIAM.
How it works:
The client signs in to EDESSB and selects the service “Complaint against a decision to refuse urban planning conditions and restrictions” in their personal account.
The client completes the complaint and explains why they consider the refusal unjustified.
DIAM considers the complaint within 20 working days. If necessary, during this period the Inspectorate may contact the authority that made the refusal to obtain additional documents or information.
Following the review, the refusal is either upheld if no violations are found, or the complaint is granted if the refusal is found to be unjustified.
The client receives notification of the outcome in their personal account.
If the refusal is found unjustified, the client may continue designing the project. The client must still comply with urban planning documentation, including the general and detailed territorial plans, and other restrictions established by law, particularly in the field of cultural heritage protection.