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Urban planning reform will affect the powers of local authorities, – media analysis

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Urban Reform Bill 5655 is to break the monopoly of local governments over decision-making in the entire construction process, which has traditionally led to corruption. That is why small communities support the bill, and big cities with monster houses resist. President Volodymyr Zelensky is likely to sign the document before the end of the year. This is stated in the material “RBC-Ukraine”.

“2-3 developers close to the city hall, who usually become the main sponsors of election campaigns in cities”, – noted in the material. At the same time, according to the text of the bill, local governments not only do not lose their fundamental rights, but also acquire the mandatory function of monitoring development (with a clear description of how to do this) and specific rights to stop unauthorized construction.

At the center of the reform is the Unified State Electronic System in the Construction Sector (EGESB), through which all building permits must be obtained. Each decision or action of a participant in the urban planning process registered in the system will leave a personalized digital footprint. In cases of violations of the law, this will clearly identify the illegal step and its executor.

Also, according to the law, the duty of the executive bodies of local councils will be the implementation of constant and continuous monitoring of development. According to Elena Shulyak, the author of the project, the current legislation does not provide specific ways to implement it and looks more like an opportunity, not an obligation. The reform changes this and obliges local executive bodies to monitor development in communities on an ongoing basis. Officials will bear personal responsibility for improper exercise of their powers.

As the authors of the project explain, the right to perform construction work can only be obtained if all the documents are in the registers and cadastres and are valid. It will be impossible to “buy” such a right precisely because of the introduction of an electronic system. In the final version of the reform, the issuance of licenses will be carried out exclusively automatically through the electronic cabinet.

As for possible abuses of control bodies, the law provides for strict liability for any such violations – liability is provided for by fines, own property and the right to work in the market.

“The second reservation concerns the replacement of state control by private. Although the reform does not provide for this. These structures will exist in parallel. In addition, complex infrastructure facilities with a significant class of consequences (bridges, subways, overpasses), facilities whose customers are state bodies, local governments or cultural heritage of national importance, remain under the control of DIAM exclusively,” – the article says.

Critics of the reform believe that developers will be able to create private companies to control themselves. However, the authors of the project emphasize that this would not make sense, since there would be a number of restrictions on private control.

“That is, “private control” cannot turn a blind eye to violations committed by the customer (contractor), since in this case he will be held accountable up to his withdrawal from the market (termination of powers to exercise urban control)”– the article says.

If the customer does not eliminate violations related to unauthorized construction, the contract with “private control” is terminated and the customer will not be able to conclude an agreement with another “private control”. The local council becomes the controller.

Also, the bill does not provide for depriving architects of copyright. The specified edition provides only that the essential condition of the agreement on the development of design documentation for construction is to determine the procedure for making changes to the design documentation for construction and the identification of persons authorized to exercise architectural supervision.

Author: Svetlana SIMONENKO, especially for FACTS

Source: Fakty

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