BRDO launches a review of the regulation of aerodrome environs development

06-03-2018

About 100 residential buildings of more than 16 floors, that is, more than 50 meters in height, are built annually in Ukraine. 54% of buildings of 16 floors and more are built in the capital. To build a 16-storey building, a construction project owner should obtain approvals from:

  • operators of aerodromes (helicopter aerodromes);
  • provider of aeronautical equipment (UkSATSE);
  • State Aviation Service;
  • Ministry of Defense of Ukraine.

In addition, the UkSATSE can send its approval for examination to a specialized project institute (Ukraeroproekt).

73 air facilities were registered in the State Aviation Service: international airports, airports and aerodromes of civil aviation, helicopter aerodromes and landing grounds.

There are 5 airports (Boryspil SE, Zhulyany PUC, Antonov-1, Antonov-2, Kiev (Buzova), Dnipro-1 helicopter platform and a number of landing grounds (Chayka, Kyiv-Challenge, Kyiv-Yacht Club, etc.) in the metropolitan area. The State Aviation Service requires that construction projects should be necessarily agreed with 4 operators of aerodromes and the helicopter platform. Therefore, a real estate developer should spend his time and money to obtain 7 separate approvals on the same matter – ensuring aviation safety – by his own and for a long period to construct such a building in Kyiv. There is no responsibility for delaying the period of issuing approvals, and it may take up to 18 months to receive a package of approvals.

Subordinate legal acts are not in line with provisions of the Air Code and the Law of Ukraine “On Regulation of Urban Development” and create excessive and unreasonable complications for business owners. Subordinate acts cancel out the functions of local authorities in terms of determining conditions for the development of territories as well as urban planning conditions and restrictions.

And most importantly: this complicated long procedure has nothing in common with compliance with aviation safety requirements. The Air Code of Ukraine does not provide for sanctions against urban development actors for violations of construction procedures at aerodrome environs. For example, the “Sofiya Klubnuy” Residential Complex located at Sofievskaya Borshchagovka, 3 km from Kyiv. When being designed, this project was not approved by the State Aviation Service. On July 18, 2017, the State Aviation Service took a decision to suspend the construction of this RC on the grounds of violation of Article 69 of the Air Code. However, at the time when this order was issued, 8 out of 18 buildings included in this project have already been built and commissioned.

The BRDO Office launches reviewing the procedure that exists today. Our goal is to increase the effectiveness of regulation, ensure the safety of aviation and reduce the time and money of Ukrainian businesses. Join us!

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