Construction and technical expertise

The Main Objectives of Construction and Technical Expertise Are:

determining whether the developed design, technical, and cost-estimate documentation complies with the requirements of construction-related laws, regulations, and standards;
determining whether completed construction works and constructed real estate properties (buildings, structures, etc.) comply with the design and technical documentation and the requirements of construction-related laws, regulations, and standards;
determining whether completed construction works, individual elements of real estate properties, structures, products, and materials comply with the design and technical documentation and the requirements of construction-related laws, regulations, and standards;
determining and verifying the scope and cost of completed construction works, as well as the prepared primary construction reporting documentation, and assessing their compliance with the design and cost-estimate documentation and applicable construction regulations;
determining the capital classification, complexity category, fire-resistance rating of buildings and structures, and the degree of completion of unfinished construction projects;
determining the technical condition of buildings, structures, and utility networks, as well as the causes of damage and destruction of facilities and their elements;
determining the cost of construction works related to reconstruction, refurbishment, elimination of damage caused by flooding, fire, natural disasters, mechanical impact, and similar events;
determining the possibility of and developing options for the division (allocation of shares or establishment of usage arrangements) of real estate properties.

Indicative List of Issues to Be Resolved:

Does the developed design and cost-estimate documentation comply with the requirements of construction-related laws, regulations, and standards (DBN, SNiP, etc.)? If not, what are the identified non-compliances?
Do the completed construction works comply with the design documentation and the requirements of construction-related laws, regulations, and standards? If not, what are the identified non-compliances?
Do the constructed facilities (buildings, structures, etc.) comply with the design and technical documentation for their construction (repair, reconstruction) and the requirements of construction-related laws, regulations, and standards? If not, what are the identified non-compliances?
Do the completed construction works (or individual elements of real estate properties, structures, products, materials, etc.) comply with the design and technical documentation and the requirements of construction-related laws, regulations, and standards (DBN, SNiP, standards, technical specifications, etc.)? If not, what are the identified non-compliances?
What is the list and volume of construction works actually performed for construction, repair, or reconstruction?
What is the cost of the construction, repair, or reconstruction works actually performed?
Do the actual volumes and costs of completed construction, repair, or reconstruction works correspond to the volumes and costs specified in the design and cost-estimate documentation or primary construction reporting documentation?
Does the primary construction reporting documentation (Forms KB-2v, KB-3, etc.) for construction, repair, or reconstruction comply with the applicable construction regulations regarding preparation procedures and calculations? If not, what are the identified non-compliances?
What type of construction activity (new construction, reconstruction, major repair, etc.) has actually been carried out at the site?
Is the object (the result of the completed works) considered real estate property?
What is the degree of completion of the unfinished construction project?
What is the capital classification (complexity category and fire-resistance rating) of the facility?
What is the technical condition (degree of physical depreciation) of the real estate property (building, structure, etc.)?
Is the real estate property (building or structure) in an аварійний (unsafe/emergency) condition?
What damage to the property (building, apartment, premises, finishing works, etc.) resulted from flooding, fire, natural disasters, mechanical impact, ground subsidence in mined areas, or similar causes?
What is the technical cause of the damage and destruction of the real estate property (its elements, structures, utility networks, etc.)?
What is the cost of repair and construction works required to eliminate damage caused by flooding, fire, natural disasters, mechanical impact, ground subsidence, or similar events?
What is the amount of material damage caused to the property (building, apartment, premises, finishing works, etc.) as a result of flooding, fire, natural disasters, mechanical impact, ground subsidence, or similar events?
What is the functional purpose of the premises? Do the premises of the building belong to non-residential (auxiliary) premises?
Is it technically feasible, in accordance with applicable construction regulations, to divide (allocate a share in or establish a usage arrangement for) the real estate property according to the ownership shares of the co-owners (specify the shares)?
What options for division (allocation of shares or establishment of usage arrangements) of the real estate property can be determined in accordance with the ownership shares of the co-owners (specify the shares) and applicable legal requirements?
Does the building, by its architectural design (style), belong to the category of religious buildings, such as temples or church structures? (This issue may be resolved through a comprehensive expert examination involving relevant specialists.)

Indicative List of Documents for Construction and Technical Expertise

Issues concerning the compliance of developed design, technical, and cost-estimate documentation with applicable construction laws, regulations, and standards, as well as issues related to determining whether completed construction works and constructed real estate properties (buildings, structures, etc.) comply with the design and technical documentation and applicable construction regulations, may be resolved provided that the expert(s) possess the necessary professional qualifications and specialized knowledge in the design, construction, and operation of construction projects, taking into account the scope of materials, complexity of the project, and its other specific characteristics.

To resolve issues related to: compliance of developed design and cost-estimate documentation with applicable construction laws, regulations, and standards (DBN, SNiP, etc.); compliance of completed construction works with design documentation and construction regulations; determination of the scope and volume of construction, repair, or reconstruction works actually performed; determination of the actual cost of construction works; determination of whether the actual scope and cost of completed construction works correspond to those specified in the design and cost-estimate documentation or primary reporting documentation; and compliance of primary construction reporting documentation with applicable regulations regarding preparation procedures and calculations, the expert shall be provided with contractual documentation (construction contracts, appendices, amendments, etc.), as well as design and cost-estimate documentation, primary reporting documentation, and construction records (Forms KB-2v, KB-3, material write-off statements, construction logs, concealed works inspection reports, testing reports, etc.) related to the construction works.

To resolve issues related to: compliance of real estate properties with the design and technical documentation for their construction, repair, or reconstruction and with applicable construction regulations (urban planning, fire safety, sanitary and hygienic requirements, etc.); and compliance of completed construction works (individual elements of facilities, structures, products, and materials) with design and technical documentation and applicable construction regulations (DBN, SNiP, standards, technical specifications, etc.), the expert shall be provided with the design documentation, primary reporting documentation, and construction records for the project, the commissioning certificate or acceptance document placing the construction project into operation, technical inventory records for the property, as well as standards and technical specifications governing the manufacture of structures, products, and materials.

To resolve issues concerning the determination of the technical condition (degree of physical deterioration), emergency condition, capital classification, complexity category, and fire-resistance rating of a real estate property, as well as the determination of damage and destruction of the property and its structural elements and the causes thereof, the expert shall be provided with the design documentation for the project, the commissioning certificate or acceptance document placing the property into operation, technical inventory records, and reports and findings from previous inspections and investigations.

To resolve issues concerning the technical feasibility of dividing (allocating a share in or establishing a usage arrangement for) real estate properties (residential buildings, apartments, commercial and industrial properties) and to develop options for such division, the expert shall be provided with title documents for the property, information regarding the ownership shares of co-owners, the commissioning certificate or acceptance document placing the property into operation, technical inventory records, and information regarding the actual use of the real estate property.

If the authority or person appointing the expertise (engaging the expert) considers it necessary to take into account the proposals of the parties to the court proceedings when preparing division options, such proposals must be set out in the document appointing the expertise (engaging the expert).