What can result from failure to comply with If a person fails to voluntarily comply with the requirements set forth in the order within the established period! the state architectural and construction control body will file a lawsuit with the court to terminate DIAM’s order the notification of preparatory work.
This is dictated! among other things! by the fact that failure to comply with the order without good reason indicates the impossibility of eliminating the identified violations or the unwillingness of the person who committed the specified violations to eliminate such consequences.
What neighbors should do if unauthorized construction has begun nearby
Instructions for action
Is the application of building codes or their individual provisions center for information resilience mandatory when carrying out preparatory work?
This is true! since preparatory work is included in the concept of “urban planning activity”! and DIAM’s order therefore Article 11 of the Law of Ukraine “On Building Standards” should be applied: the application of building standards or their individual provisions is mandatory for all business entities! regardless of the form of ownership! that carry out construction! urban planning! and architectural activities.
What is meant by significant violations of building codes and regulations during preparatory work?
A significant violation of construction norms and rules should be understood as! in particular! failure to comply with architectural! sanitary! environmental! fire-fighting and other requirements and rules! as well as changes to generation difference and zero zone danger individual structural elements of a residential building! building! structure! which affects their strength and safety (a similar conclusion is set out in paragraph 22 of the Resolution of the Plenum of the High Specialized Court of Ukraine for the Consideration of Civil and Criminal Cases dated 30.03.12 No. 6 “On the Practice of Application by Courts of Article 376 of the Civil Code of Ukraine (on the Legal Regime of Unauthorized Construction)”).
What would be an effective method of legal protection to cancel the notice of preparatory work?
This method is to ask the court to terminate the disputed notice.
Can the DIAM inspection stop the preparatory work with its order?
Maybe! But it should be understood that such a suspension is a temporary aqb directory measure and “suspension” is not the same as “termination” of the message.