In January, the Ministry of development of communities and territories (regional development) made the original changes to the existing national building code (GOS) from 2019.
The new version of the GOS shall give the opportunity to stay in homes hotels and hostels, while leaves the current ban on work in them veterinary clinics, baths, saunas, shops and more than 1 thousand m2 and a number of types of businesses.
At the same time, the current standards do not prohibit the employment in the homes of gambling casinos and slot machine halls. How I draw the attention of lawyers, even without direct permission under the rules of the GOS, after the adoption of the law on gambling in Ukraine casinos and gaming machines, in principle, can only work in hotels in the first case, with 4-5 stars, and the second starting with 3 stars.
Number of respondents UBR.ua experts believe that given the legal gambling business hotels unlikely to last is to give the opportunity to stay in homes. Others point – whatever the new construction standards and their actual enforcement has long been under question.
As it is now
Approved current version of the building regulations prohibits the placing in homes some types of business activities. Among other things, apart from hostels and hotels, restrictions apply:
- veterinary clinics, veterinary consulting rooms;
- public toilets;
- funeral homes;
- baths, saunas, including built-in sports and recreation establishments;
- arts and crafts (except offices and laundries of self-service capacity up to 75 kg of Laundry per shift);
stores with a total sales area of over 1 thousand m2, as well as specialized fish, meat, vegetable, shops and warehouses household chemicals, trading of flammable and combustible liquids, flammable substances and materials (paints, solvents, varnishes, powder), with gas cylinders, construction, lubricants, and other products, the operation of which may lead to contamination of the territory and air;
- production facilities, the dental laboratory, clinical diagnostic and bacteriological laboratories, clinics and emergency rooms, substations ambulance, and medical institutions: Dermatovenereology, psychiatric, infectious TB, x-ray rooms, facilities for treatment and diagnostic equipment, which is a source of ionizing radiation above the permitted level.
How will
In early January, the Ministry of regional development on its website published a draft of the first edition of the changes to the GOS 2019. Their paragraph 5.40 hotel business proposed to exclude from the list of prohibited activities in the living space.
In addition, from the current edition were also previously removed the ban on the deployment of residential casinos and slot machine halls.
In 2021, the legalization of gambling should bring 7.5 billion UAH, Getmantsev
In 2021 in Ukraine will go gambling, but it is allowed only in hotels, recalled UBR.ua the head of the Association of hospitality industry of Ukraine (AIG) Alexander Liev.
"Because real estate prices and a level of necessary investments in the construction of new hotels to open is not profitable. A very long payback period. The law permitting casinos only in hotels is to stimulate the construction of new facilities. Also, this rule answers the question, why should not place hotels in residential buildings. They will be gambling, "said Lie.
While the proposal of the Ministry of regional development is not approved and not the fact that will. Lawyer DreamDim, an expert on urban planning and land law Yuri Brekalo told UBR.ua that the exclusion of hotels and hostels from the list of prohibited in residential buildings has an uncertain origin.
"According to my information, in a Ministerial job training, no changes were made to this provision. Although I doubt that Kievzniiep (the company is a developer of a document) made them himself at his will. But somehow it appeared, "says Bricolo.
Expert real estate market in Victoria Beresan also noted that because of the effects of the pandemic, gambling is beneficial to lobby for certain permissive rules of the casino.
However, she did not think that in itself will lead the gambling business in residential complexes.
"Casinos are not needed in the pool of tenants. It's not something that counts most of the residents of the LCD"–said Bereman.
GSN how they work in practice
If the casino in the residential complex while difficult to imagine, the hostels, despite the prohibition, still are in common. One of them UBR.ua I told the Vice-President of the Association of professional property managers Topal.
"Under the current ban, I barely managed to close the hostel in an apartment building. It was informal, there is a two-room apartment set of 16 beds. Achieved only by the fact that the police were called in every hour during the day," says Topal.
Other experts also confirmed that the neighbors hostels, often complaining about conflicts with their guests, can hardly achieve closure of such institutions
The thing is, explains Yuri Brekalo that 2019 – when the hostels was banned in the houses within the GOS – this document is only for technical and can no longer accommodate legal norms.
"It turns out that all these permissions and restrictions – it is not the GOS, it is already legal regulation. Formally, they do not matter. If you go to court, these provisions are unlikely to apply. Spelled out in the draft changes to the GOS bans are legal, it is not the technology , "–said the lawyer Bricolo.
According to him, building codes increasingly important for designers of new housing, as for the compliance they examine the regulatory authorities before entering the house.
However, the lawyer DreamDim when the room is already built – nobody really can stop owners from pereobulsya under a different purpose.
"They can do something to show that they are using it for commercial purpose or point to another Soviet rules of use of premises. But a ban is to come, fine – does not exist. Law enforcement is called, but in most cases it does not end there – they have no way of fixing these or other disorders, in particular noise, "said Bricolo.
The lack of regulation at the legislative level, probably encourages officials to prescribe the prohibitions in GOS, so that in the case of controversial issues could be based at least in this regulation.
"For many, all that is written in the GOS, yet must be followed – it is more a tradition, "he expressed the opinion Yuri Bricolo. However, it is possible that hostels "prescribe" the Ukrainian law – related work is conducted in several directions.
On the one hand, says Anatoly Topal, is actively preparing a new draft housing code of Ukraine, which "is likely to be a ban of accommodation hostels" in homes. On the other hand, in the Verkhovna Rada registered a draft law on tourism at number 4162, said the head of the AIG Alexander Liev.
"Today, under a hostel means very different things – at the legislative level is not yet clarified the concept. The new law on tourism settle this question, including clear, what is a hostel, where to place them and how they should look, "said Lie.
Is it necessary to prohibit hostels and veterinary clinic in homes
Whatever the future is the decision of the lawmakers on the right to create hostels in residential buildings, formerly the attempts to ban them – rather a consequence of the lack of rules of hostels in Ukraine.
"To the civilized world, this prohibition seems strange to me – a work permit hostels provides support for businesses, increased tax payments. Of course, in our current reality bans are imposed to prevent the establishment of residential homes and other unsanitary conditions, "explains Bricolo.
Most of the hotels have lost 40% of the revenue part of the business thinking to close
Regardless of the probability of occurrence of a casino located in houses hotels, hotels in themselves when new LCD recall for the primary real estate market of the GOS is more important – there is nothing wrong, the expert of the real estate market in Victoria Bereman.
"A multi-functional complexes, particularly those where the possibility to allocate from the residential part of the apartment under the control of a professional operator, the decision should help to diversify the real estate segment. It's not only about short-term, but the medium - and long-term rental housing for those people who come to work from the regions in the IT field, to relocate etc.", said Bereman.
In any case, sweeping limitations prescribed in the GOS for entire segments of the business – not just hostels, but baths, vet clinics, dental laboratories – could also be avoided. You need to write out clear criteria for their operation in buildings, and to ensure the observance of these criteria, considers Bricolo.
"It seems to me that the prohibitions of the prosthetic laboratories and others have decided to do, not to write out clear criteria. Nice, would need to specify that if not violated health standards, no chemical substances are used, then you can work. But apparently, that was not loopholes for businesses that violate the rules, decided to ban all at once", – pointed out Yuri Brekalo, Recalling that resettled unwanted neighbors and to prove their guilt in practice can be difficult.
Source: Ukrainian business resource
