In the course of the business activity deregulation at compliance with the requirements of the Law of Ukraine No. 222-VIII «On Licensing of Types of Economic Activity» dated 2, March 2015 changes have been made to the List of the types of work of economic activity with the construction by the Regulation of Cabinet of Ministers of Ukraine No. 256 «Matters of Licensing for Construction of Objects of IV and V Categories of the Complexity» dated 30, March 2016.

Since the economic activity of construction of objects of IV and V categories of the complexity is subject to licensing by the List of the types of work of economic activity with the construction of objects of IV and V categories of the complexity (further - List of the types of work/Codifier), which is the subject of the licensing, List of the types of work is the central in case of submitting application for license.

Economic activity as the subject to licensing

According to the Law of Ukraine «On Licensing of Types of Economic Activity» dated 2, July 2015 (article 7, paragraph 9) licenses are required for construction of objects of IV and V categories of the complexity resulting in three times reducing the number of activities in the construction sector may be licensed (formulation of the Law of Ukraine «On Licensing of Certain Types of Economic Activity» that repealed, determined «construction activities» as the object of licensing. From the list are excluded:

• works on the design, because nowadays performers of this work must be certified;
• works on construction of objects of IV and V categories of the complexity;
• work on engineering activities, number of whom receive the certificate.

Advantages of amendment to the license conditions

In the new list of the types of work duplication eliminated and its content optimized, as noted by experts of the State Architectural and Construction Inspectorate of Ukraine.

New license terms and list of the types of work simplify economic activities for design engineers, developers who build simple objects and to persons providing engineering services.

The performers with certification can execute certain types of work (provide services) associated with infrastructure creation without an appropriate license, performers responsible for inadequate performance of works (service provision), an ability to execute building codes, standards and regulations.

New conditions for acquisition of construction license

Under the new license terms, the license applicant must prove previous experience on construction sites of lower complexity for the construction of such sites:

• IV category of the complexity – preliminary performance of works on the construction at least three objects of the third (III) category of complexity;
• V category of the complexity – preliminary performance of works on the construction at least three objects of the fourth (IV) category of complexity or at least five objects of the third (III) category of complexity.

At the same time subjects of economic activity which have the intention to undertake economic activity with the construction of objects of IV and V categories of the complexity and for the first time take the license, the right to execute works without prior experience at such sites is granted subject to the following requirements: compliance with the organizational, personnel, technical requirements conditions established by the Licensing Agreements and confirmation of the experience of experts of economic activity subjects for the previous place of work.

During the term of the license to the list of works changes can be entered behind the decision of authority for the licensing adopted on the basis of the applicant's requests by means of telecommunications connection in a written or electronic format.

It should be noted that the overall changes that made to the List of the types of work and other recent innovations (new form of licenses, the possibility of filing visually and in electronic form), performed in order to simplify introduction of «the construction activity» by subjects of economic activity.