The construction of objects of any purpose begins with the need to perform pre-construction work on the site. The volume of such work is determined at the design stage, and depends on a number of factors, such as, for example, the presence of vegetation, engineering communications, buildings and structures to be demolished, the need to remove and store a fertile soil layer, etc. It should be noted that the legislative regulations for performing pre-construction work are not limited only to norms governing relations in the field of urban planning – the performance of such works requires consideration of a number of requirements of legislation governing relations connected to the field of urban development (energy, land legislation, legislation in the field of urban improvement, etc.).
So what types of work are legally deemed to be pre-construction work, and when does the requirement to perform them arise? In accordance with the procedure for the performance of pre-construction and construction work approved by the Resolution of the Cabinet of Ministers of Ukraine No. 466, dated April 13, 2013, pre-construction work is: a) work to prepare a land plot; b) the installation of a fence around the construction site; c) the demolition of buildings and structures; d) work to arrange and order the allocated land plot; e) surveying work; e) work on the construction of temporary production and living facilities necessary for the organization and maintenance of construction; g) building access roads; i) warehousing construction materials; k) the provision of temporary engineering networks; l) the installation of engineering networks; and m) the removal of vegetation. A detailed list of certain types of preconstruction work is contained in DBN A 3.1-5:2016 “Organization of construction production.”
In accordance with the Law of Ukraine “On the Regulation of Urban Development,” a subject of urban development is entitled to perform pre-construction work on the basis of a notice of the beginning of the performing of pre-construction work. At the same time, the execution of pre-construction work may also be performed on the basis of a notice of the beginning of performing of construction work or permission to perform construction work. That is, the subject of urban development has options as to how to arrange the right to perform pre-construction work. That said, a separate notice on performing pre-construction work, in the case of the receipt of documents granting the right to perform construction works (notice, permission), is not obligatory, as the right to perform construction work also includes the possibility of performing pre-construction work.
Taking into account that work on installing and/or renovating engineering networks are qualified as pre-construction work, it is worth noting that specifically at this stage, in addition to the requirements of urban development legislation, it is necessary to take into account a number of legislative requirements regulating the procedure for obtaining permits/approvals from owners (property holders) of the engineering networks, regarding the conditions and procedure for the performance of the respective work, and the procedure for obtaining such permits/approvals goes beyond the regulatory framework of the urban development industry, and sometimes it is not legally regulated at all.
It should also be noted that in resolving issues related to performing pre-construction work, the location of the land plot (outside a settlement/within a settlement) is important. That is because in the case of a land plot being located within a settlement, it is necessary to comply with the rules of urban improvement for the corresponding settlement (if approved), or the Model rules for the improvement of the territory of the settlement approved by the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine (Order No. 310 dated 27.11.2017).
Considering the above, despite the fact that more and more often in the course of various public events the representatives of the Ministry of Regional Development are informed about the unification of urban development legislation and the practical possibility of performing construction activities, relying solely on the rules governing relations in this field, in practice, with the example of the procedure for performing pre-construction work, we see that it is too early to talk about such a unification.
