DIAM publishes new requirements for complaints regarding urban planning violations

New rules for filing complaints

The State Inspection of Architecture and Urban Planning of Ukraine (DIAM) this week posted an updated list of requirements for formatting complaints concerning violations in the field of urban planning on its official platform. The department emphasises that adherence to these criteria will increase the likelihood that the inspection will respond to citizens' appeals.

What the document must contain

Individuals may file complaints regarding objects and issues within DIAM's competence. For an appeal to be accepted for consideration, it must specify:

• the applicant's personal data;
• the essence of the issue raised;
• information about the participants in the construction process (client, contractor, designer, expert institution);
• the specific legal norms that were violated and the existing risks of negative impact.

Additionally, the applicant may attach documents confirming the violation, as well as photo or video materials with the geolocation of the disputed object.

Review procedure and applicant's obligations

The appeal must be signed by the applicant personally or using a digital signature if the document is submitted via email. A key requirement is the mandatory presence of the applicant during the review of their appeal by the commission, which can take place either in person or online.

If the applicant misses the commission's meeting twice, their appeal is automatically left without consideration. The decision is made by the special Commission for Reviewing Appeals in the Field of Urban Planning Activities. An appeal to DIAM must lead to an on-site inspection of the object after coordination with the Ministry.

Reason for the change in approach

The publication of the new requirements was a reaction to the high-profile situation that arose around the issuance of a construction permit for a house at 1 Olesnytskoho Street in Lviv. This case, where the permit was issued without an on-site inspection, was highlighted on social media in the summer by Yuriy Nikolov, editor of the publication "Nashi Groshi".

DIAM head Oleksandr Novitskyi explained that the disputed situation was formed as a result of a series of decisions (or their absence) by various government bodies, including local self-government bodies, as well as due to discretionary flaws in the regulatory framework of procedures. As a result, DIAM issued a construction permit without an on-site inspection that would have allowed the inspector to visually verify that the permit was being issued for an existing self-built structure and to assess its actual location on the plot and its appearance.

«Таким чином, належним чином оформлені скарги з дотриманням вимог мають допомогти зменшенню порушень в сфері містобудування» (Thus, properly formatted complaints that meet the requirements should help reduce violations in the field of urban planning), – Oleksandr Novitskyi commented in a conversation with "Nashi Groshi".