Currently, legislation in Ukraine contains inconsistencies regarding the permitting requirements for installing rooftop and facade solar power plants (SPPs). To address this, the Ministry for Development of Communities and Territories of Ukraine has prepared a draft resolution of the Cabinet of Ministers of Ukraine (CMU) “On amendments to the list of construction works that do not require permitting documents and after completion of which the object is not subject to commissioning”. The goal of this draft is to simplify permitting procedures for placing solar power facilities.
Do rooftop and facade SPPs require a permit?
As of today, under Part 19 of Article 96 of the Law of Ukraine “On Alternative Energy Sources”, the installation of rooftop solar power plants may be carried out without obtaining construction permits.
On the one hand, this provision allows rooftop SPPs to be installed without permits; on the other hand, the wording “may be carried out” creates practical uncertainty.
❗️In addition, the law refers only to rooftop SPPs, there is no mention at all of solar plants installed on facades.
To justify the absence of permit requirements, in addition to citing the Law “On Alternative Energy Sources,” developers often refer to CMU Resolution No. 406, which contains a List of construction works that do not require permitting documents. This list includes reconstruction of power and low-voltage systems that ensure the functioning of buildings and structures (previously, it also explicitly included “technical re-equipment”).
However, Resolution No. 406 does not explicitly indicate that installation works for rooftop or facade SPPs can be performed without permits.
✅ What can be built without permits? (video available here)
Thus, at present we cannot unequivocally state that rooftop SPPs do not require a permit, as the matter remains legally unsettled. And with respect to facade-mounted panels, the uncertainty is even greater.
The fact that the Ministry has prepared the above-mentioned draft resolution further confirms that there are many disputes and challenges regarding permitting documents for rooftop and facade SPPs, and that these issues need to be resolved.
What does the Ministry propose?
In my view, the Ministry has chosen the right and most effective path — to amend the list of construction works that do not require permitting documents and after completion of which the object is not subject to commissioning.
The proposed amendments aim to simplify permitting procedures for such facilities and eliminate disputes and inconsistencies related to permitting requirements.
⭕️ Specifically, the draft proposes expanding the scope of the List of exempted works to include the installation of solar power plants on rooftops and facades, as well as replacement of equipment in such plants.
⭕️ At the same time, the draft provides that such works shall be carried out based on a structural inspection of commissioned buildings and the presence of an inspection report prepared by a certified professional. This report should include recommendations regarding the feasibility of carrying out such works.
However, for individual residential houses, garden or country houses, as well as auxiliary buildings and structures, conducting such inspections and obtaining a report is at the discretion of the owner.
⭕️ Therefore, for rooftop and facade installations on private houses, garden houses, or auxiliary buildings, neither an inspection report nor permitting documents will be required.
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Yuriy Brykaylo, attorney
Ⓒ 2025