Step 1. Get acquaintance with the Kherson region
Meeting with management of Kherson Regional State Administration
Studying the data base of investment offers and free land plots of the region
Studying the Ukrainian legislative base in the sphere of investment activity
Introduction to the list of “regional preferences” for the investor
Determining the economic sphere for investment, selection of suitable land or object
Step 2. Registration of business
(Law of Ukraine “On State Registration of Legal Entities and Natural Persons – Entrepreneurs”)
Forms of entrepreneurial activity for foreign investors:
- foundation of foreign enterprise fully owned by the investor;
- establishment of the representative office, subsidiary or branch of foreign company in Ukraine;
- conclusion of an agreement on joint activity (involvement of foreign capital by Ukrainian enterprise for the execution of individual projects);
- purchase the block of PJSC shares by a foreign investor;
- foundation of LLC with a partial participation in the charter capital of the company.
List of documents for registration of a legal entity (Article 17):
- 1) application on the state registration of legal entity foundation;2) application for choosing of simplified taxation system by the legal entity and/or registration application for voluntary registration as a value added tax payer and/or application for inclusion in the Register of non-profit institutions and organizations according to the forms approved in accordance with the legislation – at the request of the applicant;2-1) copy of the original (notarized copy) of the founders’ decision;
3) the constituent document of a legal entity – in the case of the foundation of a legal entity on the basis of its own constituent document;
4) document on payment of administrative fee;
5) document confirming the registration of a foreign person in the country of its location (extract from the commercial, bank, judicial register, etc.) – in the case of the legal entity foundation, the founder (founders) of which is a foreign legal entity
IMPORTANT!
Documents for state registration can be submitted in paper or e-form.
In paper form, documents are filed personally by the applicant or by post.
If the documents are filled in person, the applicant submits a passport of a citizen of Ukraine or a temporary certificate of a citizen of Ukraine, or a passport document of a foreigner, or a certificate of a stateless person, or a certificate for permanent or temporary residence.
In case of submission of documents by the representative a copy of the original (notarized copy) of the document certifying his authority must be additionally submitted.
Documents are submitted electronically by the applicant through the portal of electronic services of the Ministry of Justice of Ukraine according to the Procedure for State Registration of Legal Entities, Individuals – Entrepreneurs and Non-Governmental Associations that do not have the status of a legal entity.
The documents must be filled in Ukrainian and in addition, at the request of the applicant, in a different language (except for the application for state registration);
The application for state registration is signed by the applicant. In case of submission of an application for state registration by post, the authenticity of the signature of the applicant must be notarized;
Documents issued in accordance with the laws of a foreign state should be legalized (consular legalization or placement of apostille) in accordance with the procedure established by law, unless otherwise stipulated by international treaties;
A document submitted in a foreign language must be translated into a state language with a certificate of fidelity of translation from one language to another or a translator’s signature in accordance with the procedure established by law.
Examination of documents submitted for the state registration of legal entities and individuals – entrepreneurs and other registration actions, is carried out within 24 hours after receipt of documents, except for holidays and vacations.
Step 3. Opening bank account
Resolution of the Board of the National Bank of Ukraine dated November 12, 2003 No. 492 “On Approval of the Instruction on the Procedure for the Opening, Use and Closing of Accounts in National and Foreign Currencies”
Legal entities-non-residents (investors) can open in banks of Ukraine:
- investment accounts for investments in national and foreign currencies;
- conditional storage accounts (escrow) in national and foreign currencies.
When opening a current account for forming (statutory or share capital, unit or unit fund) of a legal entity (except banks) the following documents should be submitted:
- statement on opening a current account;
- one copy of the original of the constituent document or a copy thereof, certified by a notary;
- decision of the founders (participants) on the determination of the person who is given the right to open and manage the account of a newly created legal entity, which is issued in the form of a power of attorney.
Step 4. Determination of the land plot and its allocation for construction
The Land Code of Ukraine
Project development 1
Regarding the land allocation the application for receiving permit for the development of land management project is submitted to:
- village, settlement, city council – municipal land;
- regional, district – land of state ownership, land of common ownership of territorial communities;
- district state administration (water management, construction of facilities related to servicing residents of the territorial community of the district (schools, cultural institutions, hospitals, trade enterprises, etc, individual cottage construction) -land within villages, settlements, cities of district importance for all purposes and outside settlements;
- regional branch of State Service of Ukraine for Geodesy -land plots of agricultural purpose of state ownership;
- regional state administration – state-owned land, within the boundaries of cities of regional importance and outside settlements, as well as land not included in a particular administrative boundary.
Project development 2
|
In the application the following shall be indicated:
|
To the application are added:
|
Within the limits of its authority, the appropriate authority within one month considers the application and gives permission to develop a land management project concerning the allocation of land or provides a motivated refusal to provide it.
Land Management Project 1
Law of Ukraine “On Land Management”
Land administration documentation may be ordered by public authorities, local governments, landowners and land users.
Developers of land management documentation are:
– legal entities possessing the necessary technical and technological support and comprising at least two certified land surveyors who are responsible for the quality of land management work at the main place of work;
– individuals – entrepreneurs who possess the necessary technical and technological support and are certified by land surveyor engineers responsible for the quality of land management work.
Land Management Project 2
The land management project must be approved by:
– regional branch of the of State Service of Ukraine for Geodesy;
– department of urban development and architecture of the District State Administration.
Within 10 working days from the date of land management project or its copy receipt approval or refusal conclusions shall be provided or sent by registered letter to the developer.
The relevant executive body or local government body within two weeks from the day the land management project is received, and in case of necessity to carry out mandatory state examination of land management documentation in accordance with the law – after obtaining a positive conclusion of such expert examination, makes a decision on the provision of land for use.
Registration of the land plot and rights to it
The right to lease a land plot arises after the conclusion of the lease agreement and its state registration.
The state registration of the land plot is carried out by the regional branch of State Service of Ukraine for Geodesy
Documents to be submitted for registration:
– application;
– the original of the land-use documentation agreed upon in accordance with the legislation, which forms the basis for the formation of the land plot (together with the positive conclusion of the state examination of land-use documentation in the case when such documentation is subject to mandatory state examination);
– an e-document containing information on the results of work on land management and land valuation and is the basis for entering data into the State Land Cadastre;
– a document confirming the payment for services for the state registration of the land plot.
Step 5. Obtaining input data for project design
Law of Ukraine “On Regulation of City Planning Activity”
A physical or legal entity who intends to build on the owned or used land plot must get the initial data for the design of the construction site.
The main components of the output are:
urban-planning conditions and restrictions
- determine the complex of planning and architectural requirements for design and construction concerning surface and density of land development, retreats of buildings and structures from red lines, boundaries of the land plot, its improvement and landscaping, other requirements for construction objects, established by legislation and urban planning documentation
- provided by the appropriate specially authorized bodies of city planning and architecture on a free basis according to the order of the Ministry of Regional Development of Ukraine dated 07.07.2011 №109, registered in the Ministry of Justice on July 22, 2011 №912 / 19650
must be provided
To obtain urban-planning conditions and restrictions the following docs must be provided:
|
|
Consideration of the application and the provision of urban-planning conditions and restrictions or the decision to refuse the provision shall be made by the specially authorized city planning and architecture body within 7 working days from the date of registration of the application. Urban-planning conditions and restrictions are valid until the completion of the facility construction irrespective of the customer’s change.
specifications
- determine the complex of conditions and requirements for the engineering support of the construction object, which must comply with its calculation parameters, in particular regarding water, heat, power and gas supply, sewage, radiology, outdoor lighting, storm water discharging, telephony, telecommunications, dispatching, fire and technogenic safety
- provided within 15 working days from the date of the relevant application registration and within 30 working days if necessary agreement with the owner (user) of the main engineering networks.
design assignment
- determines the justified requirements of the customer for planning, architectural, engineering and technological works
- drawn up by the customer or by designer on behalf of the customer.
Step 6. Development of project documentation and expertise of the construction project
The project documentation for the facilities construction
The project documentation for the facilities construction is developed in accordance with the order of the Ministry of regional development, construction and housing and communal services of Ukraine № 45 dated 16.05.2011 “On Approval of the Procedure for Design Documentation for the Construction of Objects” by a designer.
The conclusion and implementation of contracts for the design works execution shall be carried out in accordance with the procedure established by the General Conditions for the conclusion and execution of contracts in capital construction, approved by the resolution of the Cabinet of Ministers of Ukraine from 01.08.2005, No. 668
The project documentation for the facilities construction does not require the approval of state bodies, local self-government bodies, their officials, legal entities founded by such bodies.
Expertise of construction projects
is carried out by expert organizations, regardless of the form of ownership, which meet the specified criteria.
At the same time experts on questions of sanitary and epidemiological welfare, ecology, labor protection, energy saving, fire, technological, nuclear and radiation safety are involved (including on the basis of civil law contracts).
The following objects constructions are subjected to obligatory expertise, that:
- belong to the categories IV and V of the complexity category – regarding compliance with the requirements for their strength, reliability, durability of buildings and structures, their operational safety and engineering, sanitary and epidemiological well-being, ecology, occupational safety, energy saving, fire, technological, nuclear and radiation safety;
- being constructed on territories with complicated engineering-geological and technogenic conditions – regarding their strength, reliability and durability, operational safety and engineering provision;
- being constructed with attraction of budget funds, funds of state and municipal enterprises, institutions and organizations, as well as loans granted under state guarantees – regarding the estimated part of the construction project.
Expertise is also subject to design decisions in part that does not comply with the previously approved construction project.
Expertise customer is:
- customer of construction;
- designer, if it’s provided by the contract for performance of design and survey works.
The term of the expertise should not exceed:
- depending on the technical and technological complexity of construction objects – 30 calendar days;
- for objects that constitute an increased nuclear and radiation hazard and those that are subject to an assessment of their impact on the environment – 90 calendar days;
- for objects of I-III category of complexity, constructed in territories with complicated engineering-geological and technogenic conditions – 15 calendar days.
Step 7. Implementation of preparatory and construction work
The customer has the right to carry out construction work after:
- registration by the body of state architectural and construction control of the declaration on the start of construction work – for the construction objects belonging to the I-III categories of complexity;
- issuance of the permission for the execution of construction works by the state architectural and construction control authority to the customer – for the objects construction, belonging to the IV and V categories of complexity.
Execution of preparatory works, including engineering networks provision and the green zones removal, may be carried out on the basis of a registered declaration on the commencement of construction work or a permit for the execution of construction works.
! The registered declaration on the beginning of the preparatory work does not give the right to perform construction work.
Registration of the declaration on the commencement of the preparatory work
- is carried out by the state architectural and construction control body on a free basis within 5 working days from the day of receipt of the declaration.
Kherson regional branch of State architectural and construction inspection
Branch director – Denis Petrov
73000, Kherson city, Kremechutska str.,69
tel.: (0552) 26-37-95, (0552) 49-80-26
Forms of documents for download:
- NOTIFICATION about the beginning of the preparatory works / on the change of data in the notice on the beginning of the preparatory work; download form
- Forms on acceptance of the object in operation download form
Objects of construction of I-III categories of complexity
The right to perform preparatory and construction works, connection of the construction object to engineering networks and structures is provided to the customer and the general contractor or the contractor after the registration of the declaration on the start of construction work.
The Customer within 7 calendar days from the date of registration of the declaration on the construction work or from the day of acquiring the right to perform construction works must inform in writing form the executive body of the village, settlement, city council or local state administration at the location of the construction site on the start of construction works
Objects of construction of IV - V categories of complexity
The right to perform preparatory and construction works, connection of the object construction to engineering networks and structures is provided to the customer and the general contractor or contractor after obtaining a permit for construction work.
The permit for the construction works is issued by the state architectural-building control bodies on a free basis within 10 working days.
DOWNLOAD the application form
DOWNLOAD the application form for construction works performing (download)
To the application must be attached:
- a copy of the document certifying the ownership or use of the land plot, or a copy of the superficies agreement;
- design documentation for construction, developed and approved in accordance with the procedure established by the legislation;
- a copy of the document certifying the ownership of the house or the building, or the consent of its owner, certified in accordance with the procedure established by law, for the construction works in case of reconstruction, restoration, overhaul or technical re-equipment;
- copies of documents on the appointment of persons responsible for the execution of construction works, and persons who carry out copyright and technical supervision;
- information about the license granting the right to perform construction work, and the qualification certificates.
Step 8. Acceptance of completed construction in operation
1
Objects of constructionof I-III categories of complexity
| Acceptance in operation of completed facilities’ construction is carried out by free-of-charge registration by the body of state architectural and construction control on the basis of a customer-submitted declaration on the readiness of the object for exploitation |
| Download the form of: |
| The State Architectural and Construction Control Authority considers the submitted documents within 10 working days from the date of their receipt and enters the relevant information in the register. |
2
| Objects of constructionof IV – V categories of complexity |
| Acceptance in operation of completed facilities’ construction is carried out on the basis of an act of the object readiness for exploitation by issuing Certificate by the bodies of State Architectural and Construction Control. |
| Download the form of: |
| The State Architectural and Construction Control Authority within 10 working days from the date of the application registration takes a decision to issue a certificate or refuse to issue it. |
3
The date of acceptance into operation of an object is the date of registration of the declaration or issuance of the certificate.
The registered declaration or certificate is the basis for concluding contracts for the supply of the necessary for its operation facilities – water, gas, heat, electricity, inclusion of the information about such object into state statistical reporting and registration of its ownership.
4
The connection of the object accepted into operation to the engineering networks is carried out in accordance with the Law of Ukraine “On the Regulation of Urban Development” within 10 days from the date of the customers corresponding request to the entities – owners of the corresponding elements of the engineering infrastructure or carry out their exploitation.
5
The Customer is obliged within 7 calendar days from the date of acceptance into operation of the completed construction to inform in writing form the local executive body or local self-government body at the location of the construction object.
Step 9. Partial participation in the infrastructure development of the community
Law of Ukraine “On Regulation of Urban Development”
The customer, who intends to build a land plot in the appropriate territory, must take part in the foundation and development of engineering, transport and social infrastructure of the settlement.
The share participation in the territorial infrastructure development is carried out by transferring by the customer before acceptance the object in operation to the appropriate local budget funds for the creation and development of the specified infrastructure.
Сustomers are not involved in the partial participation in the infrastructure development of the community in the case of construction of:
|
|
The amount of share participation
in the development of the infrastructure of the community is defined in the contract concluded with the local self-government authority, taking into account the total estimated cost of object construction determined in accordance with construction norms, state standards and rules. It does not take into account the costs of acquiring and allocating land plot, disposing of a construction site from buildings, structures and engineering networks, installation of internal and external site engineering networks and structures and transport communications.
The maximum amount of share participation
in the development of the infrastructure of the community, taking into account other statutory deductions, can not exceed:
1) 10 % of the total estimated cost of facility construction – for non-residential buildings and structures;
2) 4 % of the total estimated cost of facility construction – for residential buildings.
The amount of share participation
in the development of the infrastructure of the community is determined within 10 working days from the date of registration by the local self-government authority of the client’s request to conclude an agreement on share participation and attached documents confirming the cost of facility construction, with technical and economic indicators.
The agreement on the share participation in the development of the infrastructure of the community is concluded no later than 15 working days from the day of registration of the customer’s request for its conclusion, but before the acceptance of the construction object in operation.
Step 10. State registration of property rights to real estate
State registration of rights is carried out at the request of the applicant by appealing to the subject of state registration of rights or a notary.
Registration of the ownerless property is carried out in the term not exceeding 12 hours, except weekends and holidays, from the moment of the corresponding application acceptance. https://kap.minjust.gov.ua
List of state registration subjects that realize powers in the field of state registration of real estate and business in the Kherson region http://justks.gov.ua/perelik-sub-yektiv-derzhavnoyi-reyestraciyi-shho-zdijsnyuyut-povnovazhennya-u-sferi-derzhavnoyi-reyestraciyi-neruxomosti-ta-biznesu-v-xersonskij-oblasti/34047/
State registration of rights and their encumbrances is carried out in the following order:
- acceptance / receipt of documents for state registration of rights, formation and registration of an application in the database of applications;
- the production of electronic copies of documents submitted for state registration of rights by scanning (in the case of submission of documents in paper form) and their placement in the State Register of Rights;
- establishing the order of applications consideration registered in the database of applications;
- verification of documents for the availability of grounds for suspension of application consideration, suspension of state registration of rights, refusal to carry out state registration of rights and the make appropriate decisions;
- making a decision on the state registration of rights;
- opening of a section in the State Register of Rights and / or the inclusion in the public section or a special section of the State Register of Rights of relevant information about property rights to real estate and their encumbrances, on the objects and subjects of these rights;
- formation of an extract from the State Register of Rights on the state registration of rights for the further use by the applicant;
- issuance / receipt of documents as a result of consideration of the application.
For the state registration of ownership of the newly built real estate, the following docs are submitted:
- document that according to the requirements of the law certifies acceptance into operation of the completed construction of the object;
- technical passport on the object of real estate;
- document confirming the assignment of the address to the object of real estate;
- written application or agreement of co-owners regarding the distribution of shares in joint ownership of the newly built real estate (in the case when the state registration is made for the property acquired in joint ownership);
- agreement on joint activity or a contract of a simple partnership (in the case when the state registration is made on the property, construction of which was carried out as a result of the joint activity).
For the state registration of the property right and the right of permanent use for the land plot
the rights of which are acquired through the transfer of land to the property or the provision of it for permanent use from the lands of state or communal property, the decision of the executive body or local self-government authoruty is submitted:
about transferring the land plot to the property or provision for permanent use or on approval of land use documentation about the formation of land plot and its transfer to the property or provision for permanent use.
State registration of rights (granting of refusal in it) is carried out in a term which does not exceed 5 working days from the day of receipt to the state registration body of the application rights.
State registration of property rights (granting of refusal in it) to the enterprise as a single property complex and, if it is preceded by the issuance of a certificate of real estate ownership, is carried out in a period not exceeding 14 working days.
The administrative fee
for the state registration of property rights to real estate and its encumbrances is:
| 1.1 | for state registration of property right | In term not exceeding
5 working days |
0.1 living wage for able-bodied persons | 180 UAH |
| 1.2 | for state registration of property right | In 2 working days term | 1 subsistence minimum for able-bodied persons | 1760 UAH |
| 1.3 | for state registration of property right | In 1 working day term | 2 subsistence minimums for able-bodied persons | 3520 UAH |
| 1.4 | for state registration of property right | In 2 hours | 5 subsistence minimums for able-bodied persons | 8810 UAH |