The Minregion is trying to blow up the brain to builders

The Minregion is trying to blow up the brain to builders

Want to be on the site of builders? I’m sure so. After all, you probably have read more than once that they are smart entrepreneurs who can easily turn millions of dollars into any piece of land. And who will give up easy money?

But not everything is as beautiful as it is often painted. It does not matter what rank Ukraine or Kiev occupies in the ratings of ease of doing business. Despite all the simplification, deregulation and “was-it”, with each new statement of representatives of the authorities it becomes only more difficult.

The sudden idea of a moratorium on new construction is, of course, cool, but let me first tell you what story developers have been living in for the past year. In addition to the fact that the notorious DBS “Territory Planning and Development” (both in 2018 and 2019), despite all the beautiful descriptions, does not promise any industry, city or residents anything good, there is already a legal conflict.

The old DBN 360-92 ** is in operation today. However, the Ministry of Regional Development states that we need to live and build under DBN B. 2.2-12: 2018 (although the court found the order to approve this DBN invalid). But already on October 1, we are waiting for the upgraded DBN B. 2.2-12: 2019.

DBN was hasty and the order approved by DBN B. 2.2-12: 2018 indicated that it was terminating DBN 360-92 **. And in an order approved by DBN B. 2.2-12: 2019, they stated that DBN B. 2.2-12: 2018, which at that time was not yet in effect, was terminated. But since the decree canceling DBN 360-92 ** has been canceled and DBN B. 2.2-12: 2019 becomes effective on October 1, DBS 360-92 ** is not actually canceled. It turns out that in the fall we will have two DBN employees, but they are in many ways contradictory. Moreover, each rule will need to be checked by two documents, and a stronger position will have the option of 2019. And besides, on the basis of the DBN, which by ministerial measures will be invalid on October 1, several other DBNs have been adopted, including the approval of the so-called “red book”.

Confused? We are, honestly, too. But not so important are the names and dates of these DBNs as their essence. And the impression is that there are no competent lawyers in the Minregion who understand and check every step. At first, they create legal collapses, and then they get well-founded lawsuits and go to court to challenge them. That is, the state, represented by taxpayers, pays for the work of lawyers, who themselves have arranged this collapse. My question is: Why create a problem first and then happily deal with it?

But back to the moratorium on construction. How will it be implemented? The Ministry’s decree, the Cabinet’s decree, the level of law, the resolution of the Verkhovna Rada or the decree of the President? Let’s be honest and stop making loud statements. There is currently no mechanism by which a moratorium can be implemented. But again – why? Why stop an industry that is growing, developing, and giving six for every invested hryvnia?

How can cities slip so quickly into a new DBN that is categorically different from DBN 360-92 **? And most importantly, by itself it is not balanced, does not reflect the tendencies of the city’s development and in general the modern approach to society. It reflects the views of Ukrainian design institutes and some of our developers. But at the same time, it does not give freedom and many restrictions. It is made with the sauce “let’s make it comfortable.” But restrictions do not make life comfortable. Freedom makes life comfortable.

Andriy Ryzhikov, CEO and Managing Partner of DC Evolution

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