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04.10.2018

NEW LAW TO IMPROVE INVESTMENT ATTRACTIVENESS OF RES FACILITIES

Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Investment Attractiveness of the Construction of Renewable Energy Facilities” (hereinafter “the Law”) passed by the Verkhovna Rada of Ukraine (Parliament) on 6 September 2018 entered into force on 4 October 2018  (http://zakon.rada.gov.ua/laws/show/2517-viii).

The Law improves certain norms of legislation to stimulate the development of renewable energy, in particular the production of electricity from wind energy. According to officials, the implementation of the law will help remove administrative barriers and increase the level of transparency of legislation in the regulation of urban planning and the development of alternative energy.

According to the Ukrainian legislation, all buildings and structures are classified in 3 categories determined by their complexity, which consequently influences the procedure for obtaining construction permits:

CC1 – lower class of consequences / insignificant consequence class;
CC2 – medium class of consequences and
CC3 – high class of consequences.

The construction of objects falling under classification CC1 requires a notification (Declaration on the commencement of construction works) to be submitted in order to commence construction works and the commission of objects. In turn, the construction of compound objects falling under classifications CC2 and CC3 requires a construction permit in order to commence construction works and a certificate for the buildings and structures commissioning.

The Law contemplates that a wind power plant can be assigned the insignificant consequence class (CC1), provided there is a positive conclusion of the relevant authority in charge of environmental impact assessment. In this event, it will be possible to commence construction woks following developer's notice on the commencement of construction works served on the relevant architectural and construction control authority. Commissioning of a wind power plant will be carried out upon registration of the declaration of readiness for commissioning submitted by a developer with the relevant authorities.