On 5 April 2022, the Government adopted Resolution No.423 "On amendments to the procedure for examination of commissioned construction facilities", which establishes a mechanism for examination of construction facilities damaged as a result of emergency situations, military operations or terrorist acts (hereinafter –  "damaged facilities").

According to the Resolution:

The list of examination initiators is expanded

The ground for the examination of damaged facilities may be the decision not only of the owner or manager, but also of the authorized bodies - executive bodies of the relevant village, settlement, city councils or in the cases provided for by law, military administrations (hereinafter – "authorized bodies").

In this case, the authorized bodies shall notify the owner or manager of such a decision in writing within 3 calendar days.

The list of executors is expanded

During martial law and within 90 calendar days after its termination/cancellation, examination of damaged facilities, in addition to responsible persons, connected with the creation of objects of architecture, can also be performed by specialists of other professions, who have passed professional certification, namely:

Also, the examination of damaged facilities can be conducted by involving enterprises, institutions and organizations, which include such executors.

To perform certain tasks stipulated in the Resolution, the authorized body may involve specialists of other qualification levels and professions, as well as employees of authorized executive bodies (by agreement) under the guidance of the executors listed above.

The procedure for determining the term of conducting of examination for construction facilities was changed

The term of the first examination of construction facilities with class of consequences (responsibility) CC2 and CC3 and apartment buildings regardless of class of consequences (responsibility), as well as its recommended periodicity are now determined by the designer in the design documentation for construction. However, such term must come no later than the expiry of the warranty period (not later than 10 years, if a longer term is not established by agreement or law).

The list of examination cases is expanded, in particular:

Procedures for examination of damaged facilities and verification the technical condition of facilities to change their functional purpose are approved

The procedure of examination of facilities, which is performed in case of defects, damages and deformations, includes the following stages:

The specified report shall contain:

This report is the basis for the decision to perform work on the restoration of damaged facilities or dismantling (liquidation) it.

The examination procedure for the verification of the technical condition of the facility to perform design works for major repairs, reconstruction, restoration (intact facilities) includes the following stages:

During martial law and within 90 calendar days after its termination/cancellation, in order to verify the technical condition of the facility for performing of reconstruction work with a change of functional purpose, responsible executors of certain types of work (services) related to the creation of objects of architecture who have passed the professional certification and have a qualification certificate of an architect in the field of "architectural volume design" are involved. Enterprises, institutions and organizations that include such executors may also be involved. It is not necessary to compile an object passport or make amendments to it.

For more information, please contact Asters` Counsel Anzhelika Livitska and Associate Victoria Kurus.