- Chapter I GENERAL PROVISIONS
- Chpater II ORGANIZATION OF ARCHITECTURAL ACTIVITY
- Article 4. Range of works concerned with the creation of the object of architecture
- Article 5. Input data for designing
- Article 6. Architectural and city development tenders
- Article 7. Elaboration, agreement and approval of the design project
- Article 8. Working documentation for building
- Article 9. Building of the object of architecture
- Article 10. State architectural and building control and supervision
- Article 11. Author and technical supervision
- Article 12. Architecturally technical passport of the object of architecture
- Chapter III SPECIAL COMPETENT BODIES OF CITY DEVELOPMENT AND ARCHITECTURE. CREATIVE UNITS OF ARCHITECTS
- Chapter IV PERFORMANCE OF THE ARCHITECTURAL ACTIVITY
- Article 17. Licensing and professional attestation of the contractors of works, concerned with the creation of the objects of architecture
- Article 18. Architectural and building attesting committee
- Article 19. Design project works which shall not need relevant qualification certificate
- Article 20. Performance of the architectural activity by foreigners and apatrides
- Article 21. Performance of the architectural activity by individuals and entities of Ukraine on the territory of foreign states
- Chapter V RIGHTS AND DUTIES OF ACTORS OF ARCHITECTURAL ACTIVITY IN THE COURSE OF CREATION AND PUTTING IN TO OPERATION OF THE OBJECTS OF ARCHITECTURE
- Article 22. Rights of the architect
- Article 23. Rights of ordering parties (developers)
- Article 24. Rights of contractors
- Article 25. Rights of citizens and public organizations
- Article 26. Duties of architect and other designers
- Article 27. Duties of ordering parties (developers) and contractors
- Article 28. Duties of owners and users of objects of architecture
- Chapter VI COPYRIGHT ON THE OBJECTS OF ARCHITECTURAL ACTIVITY
- Chapter VII LIABILITY FOR VIOLATION OF THE LEGISLATION ON ARCHITECTURAL ACTIVITY
- Chapter VIII FINAL PROVISIONS
The Law of Ukraine
On Architectural Activity
(Journal of Verkhovna Rada (JVR), 1999, № 31, p. 246)
( As amended by the Laws of Ukraine
№ 1407-IV ( 1407-15 ) of February 3, 2004, JVR, 2004, № 16, p. 238
№ 3370-IV ( 3370-15 ) of January 19, 2006, JVR, 2006, № 22, p. 184
№ 58-V ( 58-16 ) of August 1, 2006, JVR, 2006, №39, h. 342
№ 1026-V ( 1026-16 ) of May 16, 2007, JVR, 2007, №34, p. 444 )
(In the text of the Law the words “ordering party” in all cases are supplemented with the word “(developer)”; the words “State Committee on Building, Architecture and Housing of Ukraine” in all cases are replaced with the words “central executive authority for building, city planning and architecture” pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
Present Law defines legal and organizational principles of architectural activity. It is aimed at forming of favorable living environment, achievement of aesthetic expressiveness, economic expediency and reliability of houses, constructions and their complexes.
For the purposes of the present Law terms shall have the following meaning:
architectural activity – activity on creation of objects of architecture involving creative process of searching architectural decision and its evocation, coordination of actions of the participants of elaboration of all components of the projects on planning, development and improvement of the territory, building (new building, reconstruction, restoration, capital repair) of the buildings and constructions, provision of architectural and building control and designer’s field supervision, as well as scientific and research activity and teaching in this field; (Second abstract of the first paragraph of Article 1 is as amended pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
objects of architectural activity (objects of architecture) – houses and constructions of civil housing, municipal, industrial and other intended purpose, complexes of them, objects of redevelopment, gardening and landscape architecture, monumental art, territories (areas of territory) of administrative territorial entities and settlements; (Third abstract of the first paragraph of Article 1 is as amended pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
architectural activity actors – architects, other persons who participate in preparation and elaboration of documentation for building, reconstruction, restoration, capital repair of houses and constructions, for redevelopment, objects of gardening and landscape architecture and in research and teaching activity, ordering parties (developers) of projects and building of objects of architecture, contractors for the fulfillment of project and building works, producers of building materials, owners and users of the objects of architecture, as well as authorities with the competence in city development;
architectural concept – author’s idea concerning spatial, planning, functional organization, facade and interior of the object of architecture, as well as engineering and other support of its embodiment, which is presented in architectural part of the design project on each stage of designing an is fixed in any form; ( Fifth abstract of the first paragraph of Article 1 is as amended pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
design project – documentation for building of objects of architecture, which include architectural drawings, graphical and text materials, engineering and cost sheet calculations, architectural, construction, technical and technological concepts, value indexes of particular object of architecture and correspond to the state standards, building norms and rules requirements; ( Sixth abstract of the first paragraph of Article 1 is as amended pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
architectural plan target – document, which consists of city planning and architectural requirements and special conditions of design and building of the object of architecture deriving from the provisions of the enforced city planning documentation, local rules of settlements development, relevant executive authorities and self-government bodies decisions, including the requirements and conditions of the protection of cultural and historical artefacts, environment, legal rights and interests of citizens and legal persons while placing the object of architecture on the particular land plot;
planning permission – document which include reasoned within legislation demands of the ordering party (developer) concerning planning, architectural, engineering and technological concepts and characteristics of the object of architecture, its main properties, value and organization of building and is prepared in accordance with architectural plan target and technical conditions; ( Eighth abstract of the first paragraph of Article 1 is as amended pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
design project approval – the procedure of acknowledging of conformity of design project concepts with the input data for designing; ( First paragraph of Article 1 is supplemented with abstract nine pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
expertise – activity of experts, who have appropriate qualification certificates and on the ordering party’s (developer’s) order deliver conclusions concerning the conformity of the design project concepts with the legislation, national norms, standards, building norms and rules, and who are responsible for the authenticity of those conclusions; ( First paragraph of Article 1 is supplemented with abstract ten pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
developer – person, who has legal right of property or exploitation of land plot in city planning purposes and makes envisaged in legislation actions, necessary for building or development; ( First paragraph of Article 1 is supplemented with abstract eleven pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
engineering activity in the sphere of building (engineering) – activity on rendering services of engineering and technical nature, which include the fulfillment of preliminary technical and economic motivation and investigation, design project expertise, elaborations of building financing programs, organization of the preparation of project documentation, tendering, conclusion of the contracts of works, coordination of activity of all participants of the building, as well as technical supervision over the object of architecture building and giving economic, financial and other consultations; ( First paragraph of Article 1 is supplemented with abstract twelve pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
architect (engineer) with the qualification certificate – professional, who obtained such certificate as the result of attestation. Certificate entitles him to have personal activity in the sphere of architectural activity. Professional is responsible for the results of his activity; ( First paragraph of Article 1 is supplemented with abstract thirteen pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
technical supervision – fulfillment by the ordering party (developer) of the control over adherence to the design project concepts and the requirements of state standards, building norms and rules (including the demolition) of the city planning object. ( First paragraph of Article 1 is supplemented with abstract fourteen pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
The state facilitates the architectural activity by means of:
fostering scientific research, training and raising of qualification in the field of city planning, architecture and building;
attracting investments to the objects of architecture designing and building;
holding city developing and architectural tenders on creation of new, reconstruction and restoration of existing objects of architecture of national significance; ( Abstract fourth of the first paragraph of Article 2 is amended by the Law № 58-V ( 58-16 ) of August 1, 2006 )
protection of copyright and guaranteeing the freedom of creativity of architects;
setting favorable organizational, legal and economic conditions for the activity of architects’ creative units;
rewarding architects and other architectural activity actors for the prominent success in the field of city development and architecture;
providing the participation of Ukraine in the international organizations and events on the issues of architecture, city development and monuments protection; ( First paragraph of Article 2 is supplemented with abstract pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
providing the adaptation of the legislation and professional training programs to the international requirements, extending the fundamental scientific knowledge, new designing and building technologies in the field of city development; ( First paragraph of Article 2 is supplemented with abstract pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
facilitating the activity of self-governing professional organizations of architects and engineers; ( First paragraph of Article 2 is supplemented with abstract pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
guaranteeing the safety of building, longevity of houses and constructions, promoting measures aimed at energy saving, environmental protection, as well as securing economic and other aspects which are important in the interests of society; ( First paragraph of Article 2 is supplemented with abstract pursuant the Law № 58-V ( 58-16 ) of August 1, 2006 )
taking other measures aimed at the development of national architecture.
Legislation concerning the architectural activity is composed of the Constitution of Ukraine ( 254k/96- VR), laws of Ukraine “On the Principles of City Planning” (2780-12), “On Planning and Development of the Territories” (1699-14 ), “On the Liability of Enterprises, Their Units, Institutions and Organizations for the Violation of Law in the Sphere of City Development” (208/94-VR), present Law and other regulatory legal acts.
(Article 3 is as amended pursuant to Law № 58-V ( 58-16 ) of August 1, 2006 )
For the creation of the object of architecture the range of works is fulfilled, including:
preparing the input data for the designing;
fulfillment of the pre-design works if necessary, as well as taking measures on protection of newly found while building or making changes (including wrecking) of the objects of city development, which have anthropological, archeological, aesthetic, ethnographic, historical, cultural or art significance; (Abstract third of paragraph first of Article 4 is as amended pursuant to the Law № 58-V ( 58-16 ) of August 1, 2006 )
search of architectural concept, elaboration, adjustment and approval of the design project; (Abstract fourth of paragraph first of Article 4 is as amended pursuant to the Law № 58-V ( 58-16 ) of August 1, 2006 )
Chapter I
GENERAL PROVISIONS
Article 1. Terms and definitions
Article 2. State facilitation of the architectural activity
Article 3. Legislation concerning the architectural activity
Chapter II
ORGANIZATION OF ARCHITECTURAL ACTIVITY
Article 4. Range of works concerned with the creation of the object of architecture