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:

• design engineer with qualification level "leading" or "I category", who has a qualification certificate in the specialization "engineering and construction design in terms of mechanical resistance and stability"
• construction expert with the qualification level "leading" or "I category", who has a qualification certificate in the specialization "examination of design documentation in terms of ensuring mechanical resistance and stability"
• consulting engineer (construction) with the qualification level "leading" or "I category"

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:

• due date of the next examination (scheduled examination)
• detection of defects, damages and deformations in the process of current examination and maintenance of the facility, which is carried out by its owner or manager
• the need to decide on further operation (including rehabilitation through capital repair, reconstruction, restoration) or dismantlement (liquidation) in connection with damage to the facility as a result of off-site impacts (fire, natural disaster, accident, military action or terrorist acts) including on the basis of acts issued by the authorized bodies
• examination of the technical condition of the facility to perform design work on capital repair, reconstruction, restoration
• identification of the needs of persons with disabilities and other people with reduced mobility

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:

1. preparation for the examination
2. preliminary and / or basic (detailed) examination
3. preparation of a report on the results of the examination with recommendations for further operation

The specified report shall contain:

• conclusion on technical condition
• recommendations for further operation (including the possibility of restoration work) or dismantling (liquidation)
• if necessary, information on damaged (destroyed) load-bearing and enclosing structures, engineering systems (indicating the degree and extent of damage), basic decisions (recommendations) for their restoration (reinforcement)

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:

• preparation for the examination
• preliminary and / or basic (detailed) examination
• preparation of a report on the results of the examination with recommendations for capital repair, reconstruction, restoration

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.