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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 7, 2023 No. 1287

About modification of procedure for maintaining single state electronic system in the field of construction

The Cabinet of Ministers of Ukraine decides:

1. Bring in the Procedure for maintaining Single state electronic system in the field of construction approved by the resolution of the Cabinet of Ministers of Ukraine of June 23, 2021 No. 681 "Some questions of ensuring functioning of single state electronic system in the field of construction" (The Official Bulletin of Ukraine, 2021, No. 55, Art. 3401; 2022, No. 4, Art. 192, No. 37, Art. 1982, No. 54, Art. 3173, No. 70, Art. 4233; 2023, No. 70, the Art. 4065, No. 83, the Art. 4761) changes which are applied.

2. This resolution becomes effective from the date of its publication, except Item paragraph two 1, of the subitem 2, of paragraphs of the third and fourth subitem 3 Items 2, of paragraphs of the sixth - the eighth subitem 1, of paragraphs of the fourth and fifth subitem 2 Items 3, of Item 4, of the subitem 2 Items 5, of the paragraph of the seventh subitem 1, of the subitem 4 Items 7, of Item Items 10-12, 17, of paragraphs of the eleventh - the twenty first subitem 2, of paragraphs of the eighth - the seventeenth subitem 3 Items of 20 changes approved by this resolution which become effective since February 3, 2024.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 7, 2023 No. 1287

Changes which are made to the Procedure for maintaining Single state electronic system in the field of construction

1. To state paragraphs of the fifth and sixth of the subitem 24 of Item 15 in the following edition:

"about inspection of technical installations;

about certification of energy efficiency;".

2. In Item 59:

Subitem 5 to state 1) in the following edition:

"5) information on results of professional certification of contractors of separate work types (services) connected with creation of objects of architecture on professional certification of energy auditors of buildings (further - power accountants of buildings);";

Subitem 7 to state 2) in the following edition:

"7) information on the qualification centers performing certification of persons who intend to perform activities for certification of energy efficiency, energy audit of buildings and inspection of technical installations (further - the qualification centers);";

3) in subitem 9:

word in paragraph seven of "energy certificates of buildings" shall be replaced with words "energy certificates", and the word "certification of energy efficiency of the building" - words "certification of energy efficiency";

the sixteenth 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 data on carrying out independent monitoring of reports on results of inspection of technical installations; excerpts from the report on results of inspection of technical installations; the agreements on inspection of technical installations signed according to the Law of Ukraine "About electronic confidential services" in case of their conclusion electronically through electronic office);";

Subitem 10 to state 4) in the following edition:

"10) data on self-regulatory organizations in the field of architectural activities and delegation of powers by it on holding professional certification and data on the list of higher educational institutions and self-regulatory organizations in the field of energy efficiency of the buildings performing training of persons who intend to perform activities for certification of energy efficiency, energy audit of buildings and inspection of technical installations;".

3. In Item 60:

1) in subitem 1:

to state the paragraph of the seventh in the following edition:

"the qualification certificate of the contractor, change to 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 and change to it;";

the ninth to state the paragraph in the following edition:

"energy certificates and excerpts from energy certificates according to the Law of Ukraine "About energy efficiency of buildings";";

the twentieth and twenty first to state paragraphs in such edition:

"reports on inspection of technical installations and excerpt from reports on results of inspection of technical installations according to the Law of Ukraine "About energy efficiency of buildings";

conclusion about results of carrying out independent monitoring of reports on results of inspection of technical installations"";

2) in subitem 2:

third to state the paragraph in the following edition:

"carrying out independent monitoring of energy certificates according to the Law of Ukraine "About energy efficiency of buildings";";

to state the paragraph of the eighth in the following edition:

"carrying out independent monitoring of reports on results of inspection of technical installations according to the Law of Ukraine "About energy efficiency of buildings";";

the tenth to state the paragraph in the following edition:

"Registration of self-regulatory organization in the field of architectural activities, self-regulatory organizations in the field of energy efficiency of buildings and cancellation of their registration;".

4. In Item 97 of the word "and reports on results of inspection of engineering systems" shall be replaced with words ", reports on results of inspection of technical installations".

5. In the subitem 2 of Item 106:

In paragraph seven the word of "structures" to exclude 1);

The paragraph the thirteenth to state 2) in the following edition:

"reports on results of inspection of technical installations according to the Law of Ukraine "About energy efficiency of buildings" (for the technical installations located in the building)".

6. In Item 111:

The word "buildings" to exclude 1) in subitem 6;

Shall be replaced with words 2) in subitem 7 of the word of "engineering systems" "technical installations".

7. In Item 124:

1) in subitem 1:

third to state the paragraph in the following edition:

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

in the paragraph the twelfth "certification of energy efficiency of buildings" shall be replaced with words words "certification of energy efficiency";

in the paragraph the eighteenth shall be replaced with words words of "engineering systems of the building" "technical installations";

in the paragraph the nineteenth shall be replaced with words words of "engineering systems" "technical installations";

the twenty first after words of "energy efficiency" to add the paragraph with the word of "structures";

to state the paragraph of the thirty second in the following edition:

"approval of schemes of placement of shoddy constructions for life support of the population;";

add the subitem with paragraphs of the following content:

"obtaining from the operator of system of distribution of electrical energy, subjects of the natural monopolies, legal entities of the public law of information and/or documents necessary for development of the project documentation on construction and/or technical retrofitting of power networks of external power supply of electroinstallations of the customer (to point of accession of electroinstallations of the customer) and the project documentation on construction of power networks of linear part of accession (including information and/or documents on the available and designed engineering and transportation networks);

approval of the operator of system of distribution of electrical energy, other concerned parties (subjects of natural monopolies, legal entities of the public law) of the project documentation on construction and/or technical retrofitting of power networks of external power supply of electroinstallations of the customer (to point of accession of electroinstallations of the customer) and the project documentation on construction of power networks of linear part of accession;";

Subitems 3 and 4 to state 2) in the following edition:

"3) introduction of information on the qualification centers performing certification of persons who intend to perform activities for certification of energy efficiency, energy audit of buildings and inspection of technical installations;

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

Subitem 16 to state 3) in the following edition:

"16) correspondence with users of electronic office (in particular, the message on unauthorized construction), submission 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, bodies of town-planning control and the state town-planning supervision, GSChS and its territorial authorities, special facilities of insurance fund of documentation, the local state administrations and executive bodies of village, settlement, city council, military authorities, military civil authorities, the legal entities providing specifications, the authorized bodies providing conclusions on environmental impact assessment, power accountants of buildings, self-regulatory organizations in the field of architectural activities, the qualification centers self-regulatory organizations in the field of energy efficiency of buildings, 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", performing 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, and also receipt of information on condition and results of consideration of such claims;";

Shall be replaced with words 4) in subitem 18 of the word of "engineering systems of the building" "technical installations", and to exclude the word "buildings".

8. In Item 125:

Subitems 17 and 18 to state 1) in the following edition:

"17) self-regulatory organizations in the field of energy efficiency of buildings;

18) self-regulatory organizations in the field of architectural activities"";

Subitem 20 to state 2) in the following edition:

"20) qualification centers;".

9. The paragraph one of Item 128 to state in the following edition:

"128. State bodies, local government bodies and self-regulatory organizations, the qualification centers and certification bodies of personnel and/or responsible officials of such users get access to electronic office as a result of receipt of the notification of the head of such body / organization or person, it replacing, electronically, including through electronic office, on condition of passing of the procedure of electronic identification and authentication through the state integrated system of electronic identification.".

10. Add the Procedure with Item 132-1 of the following content:

"132-1. In case of availability in electronic system of information about the buildings made by the power accountant energy certificates or reports on results of inspection of technical installations which by results of independent monitoring of energy certificates and/or independent monitoring of reports on results of inspection of technical installations are recognized as the software of electronic system which are not conforming to requirements of the legislation, automatically restriction of access for such power accountant of buildings to electronic office of the power accountant of buildings is performed.

The specified restriction is performed in case:

the number of the buildings of energy certificates or reports on results of inspection of technical installations made by the power accountant which by results of independent monitoring of energy certificates and/or independent monitoring of reports on results of inspection of technical installations are acknowledged not conforming to requirements of the legislation among energy certificates and reports on results of inspection of the technical installations made by such power accountant of buildings within calendar year makes:

- two energy certificates or reports on results of inspection of technical installations, - if are made by the power accountant of buildings to 10 inclusive of energy certificates or reports on results of inspection of technical installations;

- three energy certificates or reports on results of inspection of technical installations, - if were made by the power accountant from 11 to 50 inclusive of energy certificates or reports on results of inspection of technical installations;

the power accountant of buildings made more than 50 energy certificates or reports on results of inspection of technical installations and the share of such certificates or reports on results of independent monitoring of energy certificates and/or independent monitoring of reports on results of inspection of technical installations which are acknowledged not conforming to requirements of the legislation exceeds 8 percent.

Access for the power accountant of buildings to electronic office of the power accountant of buildings is limited for a period of three years.

During action of term of restriction of access for the power accountant of buildings to electronic office of the power accountant of buildings entering of record into Single state electronic system in the field of construction about issue to such power accountant of buildings of the new certificate of the power accountant of buildings is forbidden.".

11. Add the Procedure with Item 138-1 of the following content:

"138-1. Restoring access of the power accountant of buildings to its electronic office of the power accountant of buildings is performed automatically by software of electronic system after completion of the restriction applied according to Item 132-1 of this procedure, but no more than for the period before completion of effective period of the certificate of the power accountant of buildings.".

12. In the subitem 7 of Item 144 of the word of "engineering systems of the building" shall be replaced with words "technical installations", and to exclude the word "buildings".

13. State Item 146 in the following edition:

"146. Through electronic office of the official of the qualification center it is performed:

1) access to data (data) entered in the Register of construction activities of electronic system;

2) obtaining, consideration, sending electronic documents, including introduction of data (data) on condition of consideration of electronic documents;

3) introduction of information on results of professional certification and about issue of the certificate of the power accountant of buildings;

4) introduction of data on the documents filed by person who intends to perform activities for certification of energy efficiency, energy audit of buildings and inspection of technical installations;

5) introduction of data on the qualification center;

6) correspondence with the Ministry of Infrastructure and Gosenergoeffektivnosti when implementing the activities determined by the Law of Ukraine "About energy efficiency of buildings";

7) correspondence with power accountants of buildings;

8) correspondence with users of electronic system, the holder and the technical administrator;

9) receipt of statistical data.".

14. State Item 153 in the following edition:

"153. Through electronic office of the power accountant of buildings it is performed:

1) access to data (data) entered in the register of construction activities of electronic system;

2) obtaining, consideration, sending electronic documents, including introduction of data (data) on condition of consideration of electronic documents;

3) creation of energy certificates, and also extraction from them;

4) creation of reports on results of inspection of technical installations, and also extraction from them;

5) introduction of indicators of the basic data used in case of creation of the energy certificate and report on results of inspection of technical installations;

6) conclusion of agreements on certification of energy efficiency and about inspection of technical installations;

7) representation of objections concerning results of independent monitoring of the energy certificate;

8) introduction/change of information on;

9) submission of the address about carrying out independent monitoring of the energy certificate or report on results of inspection of the technical installations constituted by the power accountant of buildings;

10) giving/direction/loading of the statements/documents necessary for passing of professional certification;

11) viewing of all data / data on energy certificates and the reports on results of inspection of technical installations constituted by the power accountant of buildings, and also data on results of independent monitoring of energy certificates and independent monitoring of reports on results of inspection of technical installations;

12) correspondence with users of electronic system (including concerning carrying out independent monitoring of energy certificates and reports on results of inspection of technical installations), the holder and the technical administrator;

13) receipt of statistical data.".

15. State Item 154 in the following edition:

"154. Through electronic office of self-regulatory organizations in the field of energy efficiency of buildings it is performed:

1) access to data (data) entered in the Register of construction activities of electronic system;

2) obtaining, consideration, sending electronic documents, including introduction of data (data) on condition of consideration of electronic documents;

3) correspondence with users of electronic system, the holder and the technical administrator;

4) access to statistics.".

16. To state the subitem 13 of Item 156 in the following edition:

"13) exchange of messages with the qualification centers and self-regulatory organizations in the field of energy efficiency of buildings, power accountants of buildings, customers of certification of energy efficiency and inspection of technical installations;".

17. To state subitems 1-4 of Item 157 in the following edition:

"1) access to data (data) entered in the Register of construction activities of electronic system including to energy certificates and reports on results of inspection of technical installations and the data entered in the register of construction activities of electronic system by power accountants of buildings (without possibility of editing);

2) introduction of data and creation of documents within independent monitoring of energy certificates and independent monitoring of reports on results of inspection of technical installations;

3) confirmation of competence certificates of power accountants and specialists in inspection of the engineering systems which are available in the database of specialists as of December 1, 2020 by sending requests to certifying commissions;

4) correspondence with the qualification centers, power accountants of buildings, customers of certification and inspection of technical installations when implementing powers on carrying out independent monitoring of the energy certificate and independent monitoring of the report on results of inspection of technical installations;".

18. State Item 165 in the following edition:

"165. The electronic office of the applicant physical person or legal entity receiving administrative and other services in the field of construction has the following functionality:

1) creation, loading and signing of documents;

2) sending documents (the statement and the loaded documents) in the chosen qualification center;

3) possibility of tracking of the status and results of consideration of the sent documents;

4) correspondence with users of electronic system, the holder and the technical administrator.".

19. Exclude Item 174-13.

20. In appendices to the Procedure:

Line item "Expert" to state 1) in annex 4 in the following edition:

"Profession	Specialization (work type)	Name of work	Category (qualification level)	Classes of effects
Expert	examination of the project documentation in part	ensuring mechanical durability and stability	the construction expert (the competence certificate received till January 1, 2016):
			till December 31, 2021.	SOU 3, SOU 2, SU1
			since January 1, 2022.	SU1
			the construction expert (the competence certificate received after January 1, 2016):
			construction expert of the II category	SU1
			construction expert of the I category	SU2, SU1
			leading expert in area of construction	SOU 3, SOU 2, SU1
		observance of requirements of fire and technogenic safety	the construction expert (the competence certificate received till January 1, 2016):
			till December 31, 2021.	SOU 3, SOU 2, SU1
			since January 1, 2022.	SU1
			the construction expert (the competence certificate received after January 1, 2016):
			construction expert of the II category	SU1
			construction expert of the I category	SU2, SU1
			leading expert in area of construction	SOU 3, SOU 2, SU1
		safety of life and health of the person, environmental protection, ensuring sanitary and epidemiologic wellbeing of the population	the construction expert (the competence certificate received till January 1, 2016):
			till December 31, 2021.	SOU 3, SOU 2, SU1
			since January 1, 2022.	SU1
			the construction expert (the competence certificate received after January 1, 2016):
			construction expert of the II category	SU1
			construction expert of the I category	SU2, SU1
			leading expert in area of construction	SOU 3, SOU 2, SU1
		ensuring operational safety and requirements of labor protection, ensuring protection against noise	the construction expert (the competence certificate received till January 1, 2016):
			till December 31, 2021.	SOU 3, SOU 2, SU1
			since January 1, 2022.	SU1
			the construction expert (the competence certificate received after January 1, 2016):
			construction expert of the II category	SU1
			construction expert of the I category	SU2, SU1
			leading expert in area of construction	SOU 3, SOU 2, SU1
		ensuring energy saving	the construction expert (the competence certificate received till January 1, 2016):
			till December 31, 2021.	SOU 3, SOU 2, SU1
			since January 1, 2022.	SU1
			the construction expert (the competence certificate received after January 1, 2016):
			construction expert of the II category	SU1
			construction expert of the I category	SU2, SU1
			leading expert in area of construction	SOU 3, SOU 2, SU1
		accomplishment of engineering researches	the construction expert (the competence certificate received till January 1, 2016)	SOU 3, SOU 2, SU1
			The construction expert (the competence certificate received after January 1, 2016):
			construction expert of the II category	SOU 3, SOU 2, SU1
			construction expert of the I category	SOU 3, SOU 2, SU1
			leading expert in area of construction	SOU 3, SOU 2, SU1
	examination of the road project documentation		the construction expert (the competence certificate received till January 1, 2016):
			till December 31, 2021.	SOU 3, SOU 2, SU1
			since January 1, 2022.	SU1
			the construction expert (the competence certificate received after January 1, 2016):
			construction expert of the II category	SU1
			construction expert of the I category	SU2, SU1
			leading expert in area of construction	SOU 3, SOU 2, SU1
	examination of estimate part of the project documentation		the construction expert (the competence certificate received till January 1, 2016)	SOU 3, SOU 2, SU1
			the construction expert (the competence certificate received after January 1, 2016):
			construction expert of the II category	SOU 3, SOU 2, SU1
			construction expert of the I category	SOU 3, SOU 2, SU1
			leading expert in area of construction	SOU 3, SOU 2, SU1
	examination of town-planning documentation		the construction expert (the competence certificate received till January 1, 2016)	classes are absent
			the construction expert (the competence certificate received after January 1, 2016)	classes are absent
			construction expert of the II category	classes are absent
			construction expert of the I category	classes are absent
			leading expert in area of construction	classes are absent
	technical inspection of buildings and constructions		the construction expert (the competence certificate received till January 1, 2016):
			till December 31, 2021.	SOU 3, SOU 2, SU1
			since January 1, 2022.	SU1
			the construction expert (the competence certificate received after January 1, 2016):
			construction expert of the II category	SU1
			construction expert of the I category	SU2, SU1
			leading expert in area of construction	SOU 3, SOU 2, SU1
	technical inventory count of real estate objects		engineer on inventory count of the real estate	SOU 3, SOU 2, SU1
			the technician on inventory count of the real estate	SOU 3, SOU 2, SU1
	construction examination on technical actions of civil protection		construction expert of the II category	SU1
			construction expert of the I category	SU2, SU1
			leading expert in area of construction	CC 3, CC 2, CC1";

2) in appendix 6:

state Item 175 in the following edition:

"175. In the complex type "Data on the Conclusion about Independent Monitoring of the Energy Certificate" the following data are specified:

basis of carrying out monitoring;

information on the revealed violations;

information on compliance to the legislation of the energy certificate according to regulations of the Procedure for independent monitoring of energy certificates;

information on compliance to requirements of the legislation of the energy certificate;

the description of the revealed variations from the conditions determined by Procedure for independent monitoring of energy certificates;

information on factual determination of violation of the principle of independence, in particular availability of conflict of interest and straight line or the mediated interest of the power accountant of buildings in results of certification of energy efficiency and/or with use of the complex Judgment type;

the status which shall be appropriated to the energy certificate according to the Procedure for independent monitoring of energy certificates with use of the complex Appendix type.";

add appendix with Item 175-1 of the following content:

"175-1. In the complex type "Data on the Conclusion about Independent Monitoring of Reports on Results of Inspection of Technical Installations" data according to the technique of inspection of technical installations provided by paragraph one of part two of article 13 of the Law of Ukraine "About energy efficiency of buildings" are specified.";

state Item 176 in the following edition:

"176. In the complex type "Report on Results of Inspection of Technical Installations" the following data are specified:

location of the building (address) with use of the complex Address type;

date (period) of inspection of technical installations;

data of the power accountant of buildings with use of complex type "Surname, own name, middle name (in the presence)";

data on the certificate of the power accountant of buildings (series, number and date of issue);

registration date of the report on results of inspection of technical installations;

the identifier of construction object or finished by asset construction;

report form about results of inspection of technical installations in appendix type with use of the complex Files type.";

3) in appendix 7:

state Item 26 in the following edition:

"26. In the electronic document "The Request for Carrying Out Certification of Persons Who Intend to Perform Activities for Certification of Energy Efficiency, Energy Audit of Buildings and Inspection of Technical Installations" data with use are specified:

complex type "Surname, own name, middle name (in the presence)" concerning the chairman of the qualification center performing certification of persons who intend to perform activities for certification of energy efficiency, energy audit of buildings and inspection of technical installations;

complex type "Data on physical person" concerning person intending to undergo professional certification;

the complex Document type about type of sending the message on the made decision (funds of electronic communication or for the address or means of telephone communication);

complex type "Date, signature".";

state Item 27 in the following edition:

"27. In the electronic document "Report on Results of Inspection of Technical Installations" data with use are specified:

complex Address type;

complex type "Surname, own name, middle name (in the presence)";

complex type of "Data on results of inspection of technical installations";

complex type of "Recommendation about ensuring (increase) level of energy efficiency";

complex File type;

complex type "Date, signature".";

third Item 69 to state the paragraph in the following edition:

"complex type "Of data on certificate of the power accountant of buildings";";

Item 12 to state 4) in annex 8 in the following edition:

"12. Data on the qualification centers which carry out certification of persons who intend to perform activities for certification of energy efficiency, energy audit of buildings and inspection of technical installations:

name of the qualification center;

the copy of the charter, and in case when the status of the qualification center intends to acquire structural or separate division of the applicant, - also the copy of the decision (the order, the protocol) on creation of such structural or separate division, the copy of regulations on structural or separate division;

information about persons involved as appraisers;

the copy of the document containing statement of the approved procedure of assignment/confirmation for professional qualification of the energy auditor of buildings;

sample of control and estimative materials for carrying out one assessment of results of training in each professional qualification of the energy auditor of buildings;

data on the website of the applicant which provides/will provide public informing on the qualification center;

contact information (phone number, surname, own name, middle name (in the presence) contact person, address).".

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