Expert examination of the design and estimate documentation (DED) and its subsequent approval is the final and critical stage prior to commencing any construction work. This process is not just a formality, but a fundamental check to ensure that the project meets all legal requirements and building standards, as well as to verify the quality and validity of the cost estimate. Depending on the consequence (importance) class of the facility, the examination can be either mandatory or voluntary.
Approval of construction designs means an official approval and permission for the implementation of design documentation for construction, reconstruction, restoration or major repairs.
Legal framework
In Ukraine, the examination itself and its subsequent approval are regulated by a number of key laws and regulations:
- Law of Ukraine “On Regulation of Urban Development”
- Law of Ukraine “On Architectural Activities”
- Procedure for Approval and Examination of Construction Designs (Resolution of the Cabinet of Ministers of Ukraine No. 560 dated 11 May 2011)
- National Standard of Ukraine DSTU 8907:2019 “Guidelines on Organising the Examination of Design Documentation for Construction”
Common mistakes and how to avoid them: Warnings from the State Audit Service of Ukraine and the State Inspectorate for Architecture and Urban Planning of Ukraine
Inspections conducted by the State Audit Service of Ukraine (DASU) and the State Inspectorate for Architecture and Urban Planning of Ukraine (DIAM) often reveal typical violations during the examination and approval of the DED. Here are the most common of them as well as some tips on how to avoid them.
1. Violations when entering into examination contracts
Mistake: Examination contracts are often executed with violations regarding the definition of the parties or the scope of work.
Parties to the contract: The expert examination can only be commissioned by the construction customer or the designer, if the latter has clear authority to do so, which is specified in the design and survey contract. Often, design firms that enter into examination contracts do not have this authority, which is a violation.
Conflict of interest: Keep in mind that no person (legal entity or individual) who participated in the development of the DED can conduct its expert examination.
Unclear scope: A common mistake is for the contract to have the general wording such as “conducting an expert examination in all areas”. It is something supervisory authorities pay attention to: if “in all areas” is indicated, the expert examination must be conducted in all areas, even if, say, nuclear and radiation safety does not apply to a specific design. The procedure for conducting an examination details the areas that should be checked (strength, reliability, environmental protection, fire safety, energy saving, cost estimate, etc.).
How to avoid it:
Enter into contracts for conducting an examination independently, without involving design firms. This guarantees an impartial review of the DED. If the contract is executed by a design firm, make sure that this is clearly recorded in the contract for the development of the DED.
When entering into an examination contract, clearly indicate the areas in which it will be conducted.
In contracts for the development of DED, stipulate that payment for the completed project is made only upon receipt of a positive expert report.
Keep in mind that the report on the results of the examination is created only as an electronic document using the Register of Construction Activities.
2. Mandatory expert examination
Issue:
There are ambiguities regarding the mandatory nature of the examination, especially where the facility has the CC2 consequence class, but its cost is below the established threshold.
According to Clause 10 of the Procedure, the following designs are subject to mandatory expert examination:
Facilities of medium (CC2) and significant (CC3) consequence class: regarding compliance with standards on sanitary and epidemiological well-being, environmental protection, employment, energy saving, fire, technogenic, nuclear and radiation safety, strength, reliability, durability of buildings, their operational safety and utility systems, as well as the accessibility for persons with disabilities.
Facilities being constructed with the involvement of budget funds, funds from state and municipal companies, as well as loans under state guarantees, if their estimated cost exceeds UAH 300,000 (UAH 1,000,000 under martial law): regarding the design’s cost estimate.
There is a contradiction in these provisions of the Procedure: How should the customer proceed if, say, the facility is of the CC2 consequence class, but its cost is under UAH 1,000,000? The actual cases of regulatory authorities show that if a facility is classified as CC2 but its value is less than UAH 1,000,000, a comprehensive examination must be conducted in all areas requiring review of the design and estimate documentation.
How to avoid it:
When developing the DED, carefully check that the designer has correctly determined the consequence class of the facility under construction.
Approval of construction designs
Construction designs can only be approved subject to a positive expert report.
1. Failure to comply with the procedure for approving the design and estimate documentation
Issue:
Construction designs implemented at the expense of state and municipal companies’ own funds, regardless of their cost, are approved by the companies subject to the approval of the competent executive authorities or local self-government bodies. Construction customers often fail to obtain approval of the DED and a positive expert report from these bodies. In case of failure to comply with this procedure, the regulatory authorities consider the regulation on approval to be unlawful and adopted in violation of the procedure.
How to avoid it:
- Before approving the DED, agree on the relevant design with the competent bodies, as this is a direct requirement of Resolution of the CMU No. 560, and indicate their approval in the recitals of the regulation on approval.
Follow these guidelines to avoid common mistakes, ensure the legitimacy and efficiency of the construction process and save your resources and time.
