Obtaining Construction Permits and Authorisations

VINCO’S Legal Company assists landowners, developers, investors and businesses with obtaining the documents required to start construction, reconstruction, major repairs or changes to a building project.

A construction project requires not only technical design but also a reliable legal foundation: land rights, compliance with urban planning documentation, proper initial data, a construction passport or urban planning conditions and restrictions, and a notification or permit for construction works.

The procedure depends on the type of project, land designation, consequence class, co-ownership issues, development restrictions, technical conditions, the need for design documentation examination and submission through the Unified State Electronic System in the Construction Sector.

Legal support is useful not only after a refusal or dispute, but before filing documents, when the correct procedure must be chosen and project risks reduced.

• you need to obtain a construction passport for a private, garden or country house;
• you need to file a notification on commencement of construction works;
• construction or reconstruction of a CC1, CC2 or CC3 class project is planned;
• urban planning conditions and restrictions are required;
• it is necessary to check whether the land plot is suitable for the intended development;
• there is a risk of refusal due to inconsistency with urban planning documentation, building standards or land designation;
• documents must be prepared for a construction works permit;
• the developer received a refusal, suspension or comments from an authority;
• communication is required with an architect, designer, administrative service centre, urban planning authority, DIAM or local construction control body;
• the client needs to reduce risks before commissioning the completed project.

Obtaining construction authorisations is not limited to filing an application or notification. It includes a legal review of the land plot, development intentions, initial data, design documents, consequence class, technical conditions and documents confirming the client’s right to perform construction works.

VINCO’S reviews the client’s documents, determines the optimal procedure, prepares an action plan, supports communication with authorities and helps eliminate risks that may lead to refusal, inspection, suspension of works or problems at the commissioning stage.

• legal review of the land plot before construction;
• determining the consequence class of the project: CC1, CC2 or CC3;
• support in obtaining a construction passport for land development;
• preparation and filing of a notification on commencement of construction works;
• support in obtaining urban planning conditions and restrictions;
• support in obtaining technical conditions and preparing the design assignment;
• legal review of design documentation;
• support in obtaining a construction works permit for CC2/CC3 projects;
• communication with administrative service centres, urban planning authorities, DIAM or local construction control bodies;
• challenging refusals, unlawful inaction or delays in document review.

A construction passport is used for development of household, country and garden land plots. It sets urban planning and architectural requirements for the placement and construction of a private house, garden or country house, auxiliary buildings, garages, landscaping and greenery.

This simplified route usually applies to an individual residential, garden or country house not higher than two floors, excluding the attic floor, with an area of up to 500 square metres. Design documentation for such objects is prepared at the client’s discretion unless the circumstances require otherwise.

• review of ownership or land-use rights;
• checking land designation and development restrictions;
• preparation or review of preliminary development sketches;
• formation of the document package for the construction passport;
• support in filing documents through the administrative service centre or authorised authority;
• support in filing the notification on commencement of construction works.

Urban planning conditions and restrictions are one of the key initial documents for designing a construction project when the project is not processed through a construction passport. They define permitted development parameters: functional purpose, maximum height, density, setbacks from red lines, protection zones, landscaping and other urban planning requirements.

Before applying for these conditions, it is important to check cadastral data, land rights, land designation, detailed territory plan, zoning, land-use restrictions, protection zones, sanitary distances and other factors that may affect the project.

• review of land documents and cadastral information;
• analysis of compliance with urban planning documentation;
• preparation of the application and support of filing;
• communication with the urban planning and architecture authority;
• analysis of the issued conditions for further design;
• legal assessment of grounds for refusal or appeal.

For objects built on the basis of a construction passport and for objects with minor consequences (CC1), the right to perform construction works arises after filing a notification on commencement of construction works. Information on such notification is entered into the Construction Activity Register and published through the electronic system.

For objects with medium (CC2) and significant (CC3) consequences, as well as projects subject to environmental impact assessment, a construction works permit is required. In such matters it is essential to properly prepare the document package, verify design documentation, appoint responsible persons, technical and author supervision, and ensure compliance with the electronic system requirements.

• determining the correct procedure: notification or permit;
• checking completeness of documents before filing;
• support in entering data into the electronic system;
• legal assessment of risks of refusal or registration blockage;
• support in correcting errors in filed documents;
• challenging refusals or inaction of the authorised authority.

Errors at the authorisation stage may lead to suspension of works, fines, disputes with authorities, problems with utility connections, sale of the property or commissioning of the completed project.

Particular attention should be paid to whether the land plot corresponds to the intended development. If the project conflicts with land designation, urban planning documentation, building standards, protection zones or development restrictions, formally filed documents do not guarantee safe completion of the process.

• starting works without a notification or permit;
• incorrect determination of the consequence class;
• inconsistency with the land designation;
• incomplete or incorrect document package;
• errors in cadastral data, address, area or project parameters;
• lack of required technical conditions or design documentation;
• risk of refusal at the commissioning stage.

1. Initial consultation and identification of the client’s objective: new construction, reconstruction, major repair or other works.
2. Review of land documents, existing property documents, cadastral data, land designation and development restrictions.
3. Determination of the consequence class and proper procedure: construction passport, notification or construction works permit.
4. Preparation of the list of documents to be obtained or revised.
5. Preparation of applications and support in obtaining the construction passport, urban planning conditions, technical conditions or other initial data.
6. Communication with the architect, designer, administrative service centre, urban planning authority, DIAM or local construction control body.
7. Support in filing the notification or permit application through the electronic system, Diia or another authorised channel.
8. Legal support in correcting comments, fixing errors or challenging refusals.
9. Control of the document base for further commissioning of the project.

• documents confirming ownership or use of the land plot;
• cadastral number and land cadastre extract, if available;
• land designation and existing restrictions on its use;
• preliminary development sketches, concept or design materials;
• documents for the existing property if reconstruction or major repair is planned;
• information on the approximate area, number of floors, functional purpose and parameters of the future project;
• available urban planning conditions, technical conditions, design documentation or expert report;
• information on co-owners, users, tenants or other persons whose rights may affect construction;
• previous refusals, correspondence with authorities or comments, if any.

• wrong procedure may lead to refusal or loss of time;
• document errors may block registration of a notification or issuance of a permit;
• underestimating urban planning restrictions may make the project legally risky;
• incorrect consequence class may create claims from control authorities;
• starting works without the required document may be treated as unauthorised construction;
• early-stage mistakes may complicate commissioning and registration of ownership;
• lack of legal review may lead to disputes with neighbours, co-owners, tenants or authorities.

VINCO’S helps clients obtain construction authorisations correctly and with reduced legal risk. We review documents, determine the optimal procedure, prepare applications, support submissions through the electronic system or authorised bodies, communicate with authorities and help resolve issues that may stop construction or complicate commissioning.