Engineering and technical scrutiny

Quite often, all sorts of conflicts with contractors, builders, or neighbors arise during construction or renovation. There may be various reasons for this, from a power outage and flooding to errors associated with production or repair work. If the conflict cannot be resolved amicable, an expert in the field of engineering and technical scrutiny is involved to help settle the dispute.

Our experts are certified by the Ministry of Justice of Ukraine and have obtained the relevant certificates of qualification as forensic experts in the following fields:

10.6 "Examination of Real Estate, Construction Materials, Structures and Relevant Documents"

The key tasks of construction and technical scrutiny, including determination of the value of real estate and property rights thereto, are as follows:

determining the conformity of the developed design, technical and estimate documentation to the construction regulations;
determining the conformity of the completed construction works and constructed real estate (buildings, structures, etc.) to the design and technical documentation, as well as construction regulations;
determining the conformity of the completed construction works, individual elements of real estate objects, structures, products and materials to the design and technical documentation, as well as construction regulations;
determining and verifying the scope and cost of construction works performed and the reporting documentation prepared in accordance with the design and estimate documentation, as well as construction regulations;
determining the capital group, complexity category, fire resistance degree of buildings and structures, as well as the degree of construction readiness of the objects in progress;
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 re-equipment, elimination of the consequences of flooding, fire, acts of God, mechanical impact, etc.;
determining the possibility of dividing real estate objects, developing the division options;
determining various types of value of buildings, structures, parts thereof, and other real estate;
determining the conformity of the real estate valuation to regulations on property valuation, methodology, methods, and valuation procedures.

An indicative list of issues to be addressed:

Does the developed design and estimate documentation comply with the construction regulations (State Construction Regulations (DBN) or the System of Construction Regulations (SNiP), etc.)? If not, what are the discrepancies?
Do the construction works performed comply with the project documentation and the construction regulations? If not, what are the discrepancies?
Do the objects (buildings, structures, etc.) comply with the design and technical documentation for their construction (repair, reconstruction) and the construction regulations (urban planning, fire protection, sanitary and hygienic, etc.)? If not, what are the discrepancies?
Do the construction works performed (or individual elements of real estate, structures, products, materials, etc.) comply with the design and technical documentation and construction regulations (DBN, SNiP, standards, specifications, etc.)? If not, what are the discrepancies?
What is the list and scope of construction (repair, reconstruction) work actually performed?
What is the cost of the actual construction (repair, reconstruction) of the facilities?
Do the scope and cost of the actual construction (repair, reconstruction) of facilities correspond to the scope and cost specified in the design estimates or reporting documentation?
Does the reporting documentation (forms KB-2v, KB-3, etc.) for construction (repair, reconstruction) comply with the construction regulations in terms of the order of preparation and the calculations provided? If not, what are the discrepancies?
What type of work (new construction, reconstruction, overhaul, etc.) does the actual construction work performed at the facility belong to?
Does the object (result of work) constitute real estate?
What is the degree of construction readiness of the facility in progress?
What is the capital group (category of complexity, degree of fire resistance) of the facility?
What is the technical condition (degree of physical deterioration) of the real estate object (building, structure, etc.)?
Is the real estate object (building, structure) in a state of emergency?
What damages to the object (building, apartment, premises, finishes, etc.) occurred as a result of flooding, fire, act of God, mechanical impact, or soil subsidence in the areas under construction, etc.?
What is the technical cause of damage and destruction of the real estate object (elements, structures, utilities, etc.)?
What is the cost of repair and construction work (amount of material damage) required to repair damage caused by flooding, fire, acts of God, mechanical impact, soil subsidence in the areas under construction, etc.?
What is the functional purpose of the premises? Are the premises of the building non-residential (auxiliary)?
Is there a technical possibility, in accordance with the construction regulations, to divide (allocate a share of) the real estate object in accordance with the shares of co-owners (specify the shares)?
What options for the division (allocation of a share) of real estate can be determined in view of the shares of co-owners (specify the shares) and requirements of regulations?
What is the value (indicate the type of value: actual, market, residual, liquidation, cost of liquidation, special, investment, etc.) of buildings, structures, parts thereof (premises, apartments) and other real estate?
Does the real estate valuation comply with the requirements of regulations on property valuation, methodology, methods, and valuation procedures?
Does the building belong to the category of religious buildings – temples, church buildings – by its architectural design (style)? (This issue can be addressed via a comprehensive examination with the involvement of relevant experts.)

The document on the ordering of a construction and technical scrutiny (engagement of an expert), including the determination of the value of real estate and property rights thereto, shall briefly state the essence of the case, the plaintiff’s claims and the defendant's objections. Together with the scrutiny order (letter of expert engagement), the documentation in which the expert could retrieve the source data to address the issues raised.
To address the issues of compliance of the developed design and estimate documentation with the construction regulations (DBN, SNiP, etc.); compliance of the actual construction works with the design documentation and construction regulations; determination of the list and scope of the actual construction (repair, reconstruction) works of the facilities; determination of the cost of the actual construction works of the facilities; determination of the compliance of the scope and cost of the actual construction works with the scope and value determined by the design estimate or reporting documentation; compliance of the construction reporting documentation with construction regulations in terms of the procedure of preparation and the calculations provided, the expert should be provided with contractual documentation (contract agreements and annexes thereto, additional agreements, etc.), as well as design estimate and reporting documentation (forms KB-2v, KB-3, material write-off sheets, work progress log, hidden works inspection reports, test reports, etc.) for construction works.
To address the issues of compliance of real estate objects with the design and technical documentation for their construction (repair, reconstruction) and the construction regulations (urban planning, fire protection, sanitary and hygienic regulations, etc.); compliance of completed construction works (individual elements of objects, structures, products, materials) with the design and technical documentation, as well as construction regulations (DBN, SNiP, standards, specifications, etc.), the expert should be provided with the design and reporting documentation for the construction of a facility, a certificate of commissioning of the construction facility, technical inventory materials for the facility, standards and specifications for the manufacturing of structures, products and materials, etc.
In order to determine the technical condition (degree of physical deterioration), state of emergency, capital group, category of complexity, degree of fire resistance of the real estate object, as well as identify the damage and destruction of the object and its structural elements, as well as the causes of their occurrence, the expert should be provided with the design documentation for the object construction, its commissioning certificate, technical inventory materials, certificates and reports of previous inspections and studies, etc.
In order to determine the technical feasibility of the division of real estate objects (residential buildings, apartments, commercial and industrial facilities) and provide options for such division, the expert should be provided with title documents for the real estate, data on the shares of co-owners, a facility commissioning certificate, technical inventory materials, data on the actual use of real estate and the possibility of its further use in economic activity, as well as the proper operation thereof in the event of the real estate division (share allocation).

If the agency (person) that ordered the scrutiny (engaged the expert) considers it necessary to take into account the proposals of the parties to the litigation when preparing the division options, such proposals should be set forth in the scrutiny order (letter of expert engagement).

In order to decide on the value of buildings, structures, their parts (premises, apartments), as well as other real estate, the expert should be provided with title documentation and technical inventory materials for these objects, as well as title and technical documentation for the land plot on which the object of valuation is located as of the date of valuation. In the case of a retrospective assessment, the materials with source data on the object parameters (functional use, space-planning solution, technical condition, etc.) as of the date of valuation should be provided.

10.7 "Land Distribution and Determination of the Procedure for Using Land Plots"

The key tasks of the land technical scrutiny are as follows:

determining the compliance of the developed technical documentation for land plots and its approval with the land legislation and other regulations on land management and land use;
determining whether the change in the designated purpose of land plots and its approval complies with the land legislation and other regulations on land management and land use;
determining the actual use of land plots;
determining the compliance of actual land use, as well as identification of violations of boundaries and overlapping of land plots as compared to the title documents for these land plots and regulations;
determining whether the actual location of buildings, structures and other objects in relation to the land plots boundaries complies with the title documents and technical documentation on land management and land use;
determining the possibility of dividing (using) land plots, developing options for their division (use);
determining the options for access and passage to the land plots, establishment of a land easement;
valuation of land plots;
determining the compliance of the performed land plot valuation with regulations on property valuation, methodology, methods, and valuation procedures.

An indicative list of issues to be addressed:

Do the developed technical documents for the land plot and their approval comply with the land legislation and other regulations on land management and land use? If not, what are the discrepancies?
Has the designated purpose of the land plot been changed and approved in compliance with the land legislation and other regulations on land management and land use? If not, what are the discrepancies?
What is the actual procedure for using the land plot? What area is used by the co-owner(s) of the land plot?
Does the actual procedure for using the land plot comply with the title documents for this land plot and regulations on land management and land use?
Is there a violation of land use, in particular, violation of boundaries and overlapping of land plots as compared to the title documents for these land plots and regulations?
Does the actual location of buildings, structures and other objects in relation to the land plot boundaries comply with the title documents and technical documentation on land management and land use for these land plots? If not, what are the discrepancies?
Is it technically possible to divide the land plot (determine the procedure for its use) in accordance with the regulations (specify the shares)?
What options for the division of the land plot (the procedure for its use) are possible in view of the shares of co-owners (specify the shares) and regulations?
What options are technically possible for arranging an access (passage) to a land plot?
Is there a technical possibility of establishing a land easement on the land plot? Provide options for establishing a land easement.

These issues of land technical scrutiny can be addressed provided that the relevant title and technical documentation is available, in particular, the results of topographic and geodetic works carried out by land surveyors using appropriate equipment and databases.
In order to address the issues of land technical scrutiny, the expert should be provided with the title and technical documentation on land management for the land plot. If the expert is unable to perform topographic and geodetic works on their own, the results of such works should be submitted for examination by the agency (person) that ordered the scrutiny (engaged the expert). In order to determine the technical feasibility of the division (use) of land plots and provide options for such division (use), the expert should, in addition to the above documents, provide title documents for real estate objects (buildings, structures, etc.) located on the land plot, data on the use of real estate objects or parts thereof by co-owners, data on the shares of co-owners, and technical inventory materials.

In order to decide on the value of the land plot, the expert should be provided with title and technical documentation on land management for the land plot, indicating the location of the plot, its area, purpose, layout, and data on external boundaries as of the date of valuation. If buildings, structures, or other objects are located on the land plot, the title documentation for such objects and technical inventory materials should be submitted for the scrutiny.

10.10 "Determination of the Appraised Value of Construction Objects and Structures"

Construction technical and construction appraisal scrutiny

The key tasks of the construction scrutiny are as follows:

determining various types of value of land improvements (buildings and their parts, structures, transmission devices, etc.);
determining the compliance of the performed valuation of real estate (land plot improvements) with the regulations on property valuation, methodology, methods, and valuation procedures.

An indicative list of issues to be addressed:

What is the value (indicate the type of value – market, residual, liquidation, cost of liquidation, special, investment, etc.) of the real estate object (indicate the object – building, premises, apartment, structure, etc.)?
What is the value (indicate the type of value – market, residual, liquidation, cost of liquidation, special, investment, etc.) of a share (indicate the share – 1/2, 1/4, etc.) of the real estate object (indicate the object – building, premises, apartment, structure, etc.)?
Does the performed real estate valuation (specify the object) comply with the regulations on property valuation, methodology, methods, valuation procedures?

In order to determine the value of land improvements, the expert should be provided with title documentation and technical inventory materials for these objects, as well as title and technical documentation for the land plot on which the object of valuation is located, as of the date of valuation. In the case of a retrospective assessment, the expert should be provided with materials containing source data on the object parameters (functional use, space-planning solution, technical condition, etc.) as of the date of valuation.

10.14 "Valuation of Land Plots"

The key tasks of the land valuation scrutiny are as follows:

expert monetary valuation of land plots;
expert monetary valuation of rights to land plots;
determination of compliance of the completed valuation of a land plot or rights thereto with the requirements of regulations on property valuation, methodology, methods, and valuation procedures.

An indicative list of issues to be addressed:

What is the value (specify the type of value – market, liquidation, special, investment, etc.) of the land plot?
What is the value (indicate the type of value – market, liquidation, special, investment, etc.) of the share (indicate the share – 1/2, 1/4, etc.) of the land plot?
What is the cost of the right to use (specify the right – permanent use, lease, etc.) the land plot?
Does the performed valuation of the land plot (or the right to use the land plot) comply with the regulations on property valuation, methodology, methods, valuation procedures?

In order to determine the value of a land plot or rights thereto, the expert should be provided with title and technical land management documentation for the land plot, indicating the location of the plot, its cadastral number, area, intended use, plan (scheme), data on the external boundaries of the land plot, as well as data on the existence of restrictions and encumbrances as of the date of valuation. If there are any improvements (buildings, structures, etc.) on the land plot, the expert should be provided with title documents for such objects, technical inventory materials, as well as other documentation and information required for the valuation.