Design and construction of residential developments

Design and construction of residential developments

Since the beginning of martial law in Ukraine, new criteria have appeared when choosing new housing, which led to a revision of the requirements for the design and construction of residential developments. One of the main criteria was an availability of a bomb shelter and the factor of proximity to infrastructure facilities and forest park zones. Currently, the residential development sector is not active, but for the further projects implementation, consider the changes that have already occurred.

On October 10, 2022, the Law of Ukraine “On guaranteeing property rights to real estate objects to be constructed in the future” entered into force, where one of the main requirements was:

the developer will not be able to sell apartments without permits and all terms for the completion of the object, which is the main thing when registering an apartment in the register of property rights of the Ministry of Justice as a separate object of property rights;
the developer is obliged to connect the building to engineering networks on a permanent basis before putting the building into operation.

Subsequently, on October 24, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Ensuring Civil Protection Requirements in the Planning and Development of Territories” entered into force. Now developers are obliged to design and construct bomb shelters (or fortified underground parking lots) in each new building, as well as to comply with the conditions of their maintenance. According to the law, the construction of shelters or dual-purpose structures must be provided for:

buildings with 5 floors or more;
high-rise residential dwellings with permanent residence of more than 50 residents;
other construction objects, specified by the list of the Cabinet of Ministers of Ukraine.

The design of bomb shelters should be based on the principles of barrier-free accessibility and availability for people with disabilities. The procedure for the transfer of land for the placement of such civil protection facilities has been simplified. The State Architectural and Construction Control Authority may now refuse to issue a certificate of readiness of the building for operation if the developer does not complete the bomb shelter. Such protective shelters must include ventilation, electricity, an energy generator, a separate emergency exit and a sanitary area with the appropriate calculated area to the total number of residents in the building.

Regarding the restoration of residential buildings and infrastructure that were destroyed or damaged during hostilities, at the beginning of April, draft No. 7198 “Law on compensation for damage and destruction of certain categories of real estate as a result of hostilities, terrorist acts, sabotage caused by the military aggression of the Russian Federation” was adopted as a basis.

Currently, the design of civil protection structures (bomb shelters) is regulated by the:

State Construction Regulations V.1.1-13:2021 “Composition and content of urban planning documentation at the state and regional levels”
State Construction Regulations V.1.2-4:2019 “Engineering and technical measures of civil protection (civil defense).
State Construction Regulations A.3.1-9:2015 “Protective structures of civil defense. Operational suitability of completed construction objects”.
State Construction Regulations V.2.2.5-97 “Buildings and structures. Protective structures. Civil Defense”.