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LAW OF UKRAINE

of July 9, 2022 No. 2392-IX

About introduction of amendments to some laws of Ukraine concerning creation of conditions for implementation of complex thermoupgrade of buildings

The Verkhovna Rada of Ukraine decides:

I. Make changes to such laws of Ukraine:

1. In article 30 of the Law of Ukraine "About local self-government in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1997, No. 24, Art. 170 with subsequent changes):

add the Item "and" with subitem 1-1 of the following content:

"1-1) ensuring functioning of system of energy management, in particular, concerning buildings of budgetary institutions";

to state the subitem 10 of the Item in the following edition:

"10) accounting according to the law of real estate units, irrespective of pattern of ownership and submission of necessary data in the database of National fund of buildings according to the Law of Ukraine "About energy efficiency of buildings".

2. "About consolidation of co-owners of the apartment house" (Sheets of the Verkhovna Rada of Ukraine, 2002, No. 10, Art. 78 with subsequent changes) to add article 30 of the Law of Ukraine with Item 3-1 of the following content:

"3-1. Determine what is temporary, for action of legal regime of warlike situation and within six months after its termination or cancellation, the decision on implementation of construction works on recovery (repair and/or reconstruction) of the apartment house damaged as a result of military operations (apartments, non-residential premises, common property of the apartment house) if financing of such works is performed due to the grant (non-paid) monetary assistance of Fund of energy efficiency, is accepted by General meeting of consolidation of co-owners of the apartment house by a majority vote of co-owners".

3. Part the second article 25-1 of the Law of Ukraine "About advertizing" (Sheets of the Verkhovna Rada of Ukraine, 2004, No. 8, Art. 62; 2009, No. 19, Art. 257; 2017, 33, 359) to state No. to the Art. in the following edition:

"2. Advertizing of buildings which have the energy certificate for the purpose of their sale or hiring (lease) shall contain information on class of energy efficiency specified in the appropriate energy certificate.

Advertizing of construction objects for the purpose of their sale or hiring (lease) shall contain information on class of energy efficiency specified in the project documentation construction".

4. In the Law of Ukraine "On regulation of town-planning activities" (Sheets of the Verkhovna Rada of Ukraine, 2011, No. 34, Art. 343 with subsequent changes):

1) in Article 22-2:

in part one:

state item 4 in the following edition:

"4) information on professional certification of contractors of separate work types (services) connected with creation of objects of architecture, professional certification of power accountants of buildings";

the fourteenth Item 6 to state the paragraph in the following edition:

"reports on results of inspection of technical installations according to the Law of Ukraine "About energy efficiency of buildings" (including the agreements on inspection of engineering systems of the building signed according to the Law of Ukraine "About electronic confidential services" in case of their conclusion through electronic office)";

to state items 4 and 13 parts two in the following edition:

"4) the qualification certificate of the contractor, change in it, the decision on admission/refusal in the admission to holding professional certification, issue/refusal in issue of the qualification certificate and deprivation of the qualification certificate; the certificate of the power accountant of buildings, changes in it, refusal in issue and cancellation of the certificate of the power accountant of buildings";

"13) reports on results of inspection of technical installations according to the Law of Ukraine "About energy efficiency of buildings";

the sixth to state part in the following edition:

"6. Customers, body of licensing, licensees, expert and appeal council on questions of licensing, the expert organizations, authorized bodies of town planning and architecture, bodies of the state architectural construction supervision and supervision, bodies of protection of cultural heritage, bodies of National police of Ukraine, special facilities of insurance fund of documentation, local public administrations, local government bodies and their executive bodies, military authorities, military civil authorities, legal entities who provide specifications, authorized bodies which provide conclusions on environmental impact assessment, power accountants of buildings, self-regulatory organizations in the field of architectural activities, contractors of separate work types (services) connected with creation of objects of architecture, subjects of regulation in construction, the centers of provision of administrative services the public registrars, notaries, certification bodies of personnel accredited according to the Law of Ukraine "About accreditation of conformity assessment bodies" which perform certification of contractors of separate work types (services) connected with creation of objects of architecture, developers of the project documentation on construction prime contractors, contractors, consulting engineers, other physical persons and legal entities, state bodies who are users of electronic system bear the responsibility for entering into the Register of construction activities of obviously false data established by the law or violation of terms of introduction of data/provision of documents in/from the Register of construction activities";

2) in Article 22-3:

in part one:

the third and sixteenth Item 1 to state paragraphs in the following edition:

"holding professional certification of contractors of separate work types (services) connected with creation of objects of architecture; certifications of persons which intend to perform activities for certification of energy efficiency, energy audit of buildings and inspection of technical installations";

"inspection of technical installations according to the Law of Ukraine "About energy efficiency of buildings" (including the conclusion of agreements on inspection of technical installations according to the Law of Ukraine "About electronic confidential services")";

state Items 9 and 10 in the following edition:

"9) correspondences with users of electronic office (including messages on unauthorized construction), submissions of claims to decisions, actions and failure to act of body of licensing, the expert organizations, authorized bodies of town planning and architecture, bodies of the state architectural construction supervision and supervision, special facilities of insurance fund of documentation, local public administrations, local government bodies and their executive bodies, military authorities, military civil authorities, the legal entities providing specifications, authorized bodies which provide conclusions on environmental impact assessment, power accountants of buildings, self-regulatory organizations in the field of architecture and in the field of energy efficiency, contractors of separate work types (services) connected with creation of objects of architecture, public registrars, notaries, certification bodies of personnel accredited according to the Law of Ukraine "About accreditation of conformity assessment bodies" which perform certification of contractors of separate work types (services) connected with creation of objects of architecture, developers of the project documentation on construction, the prime contractors, contractors, consulting engineers, other persons determined by the Cabinet of Ministers of Ukraine according to the procedure of maintaining electronic system, and also receipt of information on condition of consideration and results of their consideration;

10) the conclusion of electronic agreements on provision of specifications, about conducting examination of the project documentation on construction of facilities, about carrying out technical inventory count, about inspection of technical installations, about certification of energy efficiency of the building";

the second to state part in the following edition:

"2. Users of electronic office are customers, body of licensing, licensees, expert and appeal council on questions of licensing, the expert organizations, authorized bodies of town planning and architecture, bodies of the state architectural construction supervision and supervision, bodies of protection of cultural heritage, bodies of National police of Ukraine, special facilities of insurance fund of documentation, local public administrations, local government bodies and their executive bodies, military authorities, military civil authorities, legal entities who provide specifications, authorized bodies providing conclusions on environmental impact assessment, power accountants of buildings, self-regulatory organizations in the field of architecture, contractors of separate work types (services) connected with creation of objects of architecture, subjects of regulation in construction the centers of provision of administrative services, public registrars, notaries, certification bodies of personnel accredited according to the Law of Ukraine "About accreditation of conformity assessment bodies" which perform certification of contractors of separate work types (services) connected with creation of objects of architecture, developers of the project documentation on construction, prime contractors, contractors, consulting engineers, other physical persons and legal entities, the state bodies determined by the Cabinet of Ministers of Ukraine according to the procedure of maintaining electronic system and users who underwent the procedure of identification and authentication";

10 parts two of Article 26-1 to state Item in the following edition:

"10) inspection of technical installations according to the Law of Ukraine "About energy efficiency of buildings";

Item 7 parts eight of Article 26-2 to state 4) in the following edition:

"7) report on results of inspection of technical installations".

5. In the Law of Ukraine "About Fund of energy efficiency" (Sheets of the Verkhovna Rada of Ukraine, 2017, No. 32, the Art. 344):

1) in Article 1:

add part one with the paragraph the second the following content:

"According to the decision of the Cabinet of Ministers of Ukraine the Fund can perform sales activity of other programs in the housing sector including connected with recovery of the buildings destroyed and/or damaged as a result of the armed aggression of the Russian Federation against Ukraine";

the seventh to add part with the paragraph third the following content:

"For the purpose of goal achievement, determined by the Cabinet of Ministers of Ukraine by other activities of Fund, the Cabinet of Ministers of Ukraine increases fees in Fund";

The third and fourth Article 4 to state 2) to part in the following edition:

"3. The supervisory board is created in structure:

1) two representatives of the Cabinet of Ministers of Ukraine;

2) two independent members of the Supervisory board;

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