THE CABINET OF MINISTERS OF UKRAINE 
RESOLUTION  
No. 1764  
of December 20, 2006 
Kyiv  
On Approving the Technical Regulation on Construction 
Products, Buildings, and Construction Works  
In accordance with Article 14 of the Law of Ukra ine “On Standards, Technical Regulations, and 
Conformity Assessment Procedures”, th e Cabinet of Ministers of Ukraine hereby resolves :  
1. To approve the Technical Regulation on Cons truction Products, Buildings, and Construction 
Works (hereinafter “the Technica l Regulation”), hereby attached.  
2. The Ministry for Construction, Architecture,  and Municipal Economy shall form a board 
charged with implementing the Technical Regulat ion, to include representatives of the State 
Committee on Technical Regulation and Consumer Policy, of the Mi nistry for the Protection of 
Natural Environment, of the Ministry for Emerge ncy Situations and for Ma tters of Protecting the 
Population from the Aftermath of Chernobyl Disast er, of the Ministry of Health, and of other 
central executive authorities a nd interested organizations.  
3. To establish that presumed to be constructio n products manufactured before the enactment of 
this Resolution, shall be such construction product s as are fit for their intended use, where such 
construction products satisfy the requirements of normative documents that were in force as of 
the date of  manufacture of the products.  
   
Prime Minister of Ukraine   V. YANUKOVYCH  
 
 
Index 21  
    
 
TECHNICAL REGULATION 
on Construction Products, Buildings, and Construction Works 
General Provisions  
1. This Technical Regulation has been drawn up with due account of the requirements of the CE 
Directive 89/106/EE С of 21 December, 1988 on the approxi mation of laws, regulations and 
administrative provisions of the Member States , pertaining to constr uction products, and lays 
down the essential requirements for construction  products (hereinafter “products”), buildings, 
and construction works (hereinaft er “construction works”) as regards ensuring the safety of 
human life and health, operation safety, mechanical  strength and durability, fire safety, energy 
economy, and protection of the natural environment,  as well as the procedures for the assessment 
of the products’ conformity with the establis hed requirements, and the procedure for the 
application thereof.  
2. For the purposes of this Technical Regulation, terms used shall have the following meanings:  
Construction norms: norms containing mandatory requirements pertaining to construction and 
urban development;  
Regulatory technical specifications : standards, technical specificati ons, and technical certificates, 
adopted by Derzhspozhyvstandart (the State Co mmittee on Technical Regul ation and Consumer 
Policy) or Minbud (The Ministry for Constr uction, Architecture, and Municipal Economy) 
within their competence;  
Assessment of products’ fitness for use: a pr ocedure for verification of new products the 
manufacture, use, and operation of which ar e not regulated by existing normative documents 
with regard to conformity with the essential requirements for products and construction works;  
Technical certificate: a document issued by Mi nbud upon assessment of produc ts’ fitness for use;  
Conformity assessment procedur e module (hereinafter “the M odule”): a set of agreed-upon 
procedures for the assessment of  the products’ conformity with the established requirements.  
Other terms shall be used in the meanings as set out in the Laws of Ukraine "On 
Standardization”, “On Conformity Assessmen t”, “On Conformity Assessment Standards, 
Technical Regulations, and Procedures”, and “On Accrediting Conformity Assessment Bodies”.  
3. Products covered by effect of other technical regulations providing for the application of the 
national conformity mark, must satisfy also th e requirements of such technical regulations.  
Where the manufacturer or a person authorized by the manufacturer (herei nafter “manufacturer”) 
affixes on a product the national conformity mark  in accordance with one or several of said 
regulations, the accompanying documents shall contai n a record of the products’ conformity with 
such regulations.  APPROVED 
by Resolution of the Cabinet of Ministers of Ukraine  No. 1764 of December 20,  2006.  4. Products shall be presumed fit fo r their intended use if  satisfying the essen tial requirements set 
forth in this Technical Regulation, for the cons truction works where such  products are used, and 
the regulatory technical specifica tions and building norms, as well  as if bearing the national 
conformity mark.  
The presence of the national conformity mark on a product certifies its conformity with the 
requirements of this Technical Regulation, regul atory technical specifications, and building 
norms.  
5. Essential requirements for construction works sh all be determined with regard to technical 
traditions, climatic and other conditions, as stipulat ed in regulatory technical specifications and 
building norms.  
6. Essential requirements for products and construc tion works shall be given concrete form in 
regulatory technical specificat ions and building norms.  
7. Upon submission of the central executive authorit ies responsible for tec hnical regulation in the 
fields of activity concerned, Minbud shall approve and publish lists of such regulatory technical 
specifications and building norms the satisfaction of the requirements of which will serve as 
evidence of the satisfaction of the requirements of this Technical Regulation.  
8. Minbud shall draw up and periodically update the list of products the impact of which on 
health and safety of persons is insignificant, but the placement of which on the market shall be 
permitted subject to the presence of a declarat ion of conformity drawn up by the manufacturer 
concerned.  
9. Products that satisfy the requi rements of this Technical Regul ation, shall have freedom of 
movement, placement on the market, and use in the Ukrainian territory.  
Essential Requirements for Construction Works  
10. Construction works in their entirety and indi vidual parts thereof, mu st be fit for their 
intended use and satisfy the essential requirement s for them.  Subject to normal maintenance of 
construction works, the essential requirements for them must be complied with during the 
reasonable service life of the c onstruction works, with due account  of the predictable impacts.  
11. Essential requirements for constr uction works are the following:  
1) Assurance of mechanical st rength and durability.  Loadings liable to act on a construction 
work during its constructions and use must not lead  to the collapse of the whole or part of the 
work, and to deformations exceeding such as are admissible according to building norms;  
2) Compliance with the following fire safety requirements:  
The load-bearing capacity of the construction can be assumed for a specific period of time;  
The spread of fire and smoke w ithin the works, as well as to neighboring construction works and 
adjacent territory, is limited;  
Evacuation of personnel from the construction work  or their rescue otherwise is assured;  
The safety of rescue teams is assured;  3) Assurance of:  
The safety of persons’ life and health, and protec tion of the natural enviro nment.  A construction 
work must satisfy the requirements of legislati on pertaining to the protection of human health 
and the natural environment;  
Safety in use.  In use of construction work s, risks of accidents must be precluded;  
Protection against noise.  Level of noise and vibr ations in construction works must not exceed 
the established norms;  
Energy economy.  In design and erection of a constr uction work and of its installations, efficient 
consumption of such energy must be assured as is needed for its use, having regard to the 
climatic conditions.  
Regulatory Technical Specifica tions and Building Norms  
12. Regulatory technical specifications and build ing norms for products and construction works 
shall be drawn up on the basis of target specif ications approved by Minbud, and shall contain 
technical characteristic s of the products and construction works.  
13. The procedure for the drawing up, adopti on, and publication of regulatory technical 
specifications and building norms shall be subject to approval by Minbud and 
Derzhspozhyvstandart, with in their competence.  
14. Minbud, Derzhspozhyvstandart, developers of regulatory technical specifications and 
building norms, and the organizations responsible for expert examination thereof, shall provide 
for the compliance of such regulatory technica l specifications and building norms with the 
requirements of European legislatio n and technical specifications.  
Assessment of the Fitness for Use of New Products  
15. New products for the production processes, the applications and use of which are not 
regulated by normative documents, shall be subject to the assessment of thei r fitness for use, by 
carrying out the procedure for assessing the fulfillment of the essential requirements for the assurance of safety of persons’ life and health and for the protection of natural environment, in 
accordance with the Rules for the Assessment of  New Construction Products’ Fitness for Use, 
approved by the Resolution of the Cabinet of Ministers of Ukraine No. 240 of March 01, 2006 
(“Ofitsiyniy Visnyk Ukrayiny”, 2006, No. 10, p. 613).  
16. Where the result of the appl ication of the procedure for th e assessment of new products’ 
fitness for use, proves positive, Minbud sh all issue the techni cal certificate.  
17. Minbud shall effect registrati on of technical cert ificates and shall p ublish information on 
registered technical certi ficates in its edition.  
Conformity Assessment Procedures  
18. The assessment of products’ conformity with th e requirements of this Technical Regulation 
shall be carried out by way of the manufacturer declaring the conformity of the products, the 
declaration to be drawn up according to the A nnex, or by way of certification performed by a 
conformity assessment body appointed according to  the established procedure (hereinafter “assessment body”) and of the issuance of a conf ormity certificate with application of the 
conformity assessment procedure, and with regard  to the requirements of  the Resolution of the 
Cabinet of Ministers of Ukraine No. 1585 of  October 07, 2003 “On A pproving the Technical 
Regulation on Conformity Assessment Modules  and the Requirement s Concerning the 
Application of the National Conformity Mar k, as Applied in Technical Regulations on 
Conformity Assessment” (“Ofitsiyniy Visnyk Ukrayiny”, 2003, No. 41, p. 2175).  
19. The following conformity assessment procedures shall be applied:  
1) testing by the manufacturer of  a certain type of products;  
2) testing by the assessment body of  a certain type of products;  
3) surveillance of the production control at the factory;  
4) testing by the manufacturer of the product sample s selected at the factor y in accordance with 
the testing program;  
5) carrying out by the assessment body of inspec tion and assessment of the production control 
system;  
6) further testing by the manufacturer of the product samples selected  at the factory in 
accordance with the testing program;  
7) carrying out by the assessment body of the on-goi ng surveillance, analys is, and assessment of 
the production control system;  
8) testing by the assessment body of  the product samples selected at the factory, in the market, or 
at the construction site in accordan ce with the auditing program.  
All the applied conformity assessment procedur es must be documented by the manufacturer.  
Where it is impossible to carry out the conformity assessment in accordance with the described 
procedure, a calculation method for the assessment of conformity shall be  applied, in accordance 
with the procedure approved by Minbud.  
20. The choice of a conformity assessment procedure shall depend on:  
1) the possession by the manufacturer of a producti on control system ensuring the conformity of 
the products with the requirement s of this Technical Regulation, and the existence of relevant 
regulatory technical specificat ions and building norms;  
2) the assessment body charged with carrying ou t the inspection, surveillance, assessment, and 
analysis of the production control system;  
3) the importance of the part pl ayed by the products with respec t to assuring the conformity of 
the construction works with the essential requirements;  
4) the nature of the product;  
5) the susceptibility of the products to changes in their characteristics during the use of the 
construction works;  6) the susceptibility to defect s in the products manufacture.  
Said  procedures are stipulated by standards and technical specifications a nd shall be set forth in 
technical certificates.  
21. In a declaration by the manufact urer of products’ conformity, one of the following modules 
shall be applied:  
1) Module A (in-house production c ontrol) with application of  the following procedure:  
testing by the assessment body of a certain type of products;   
testing by the manufacturer of a certain type of products;   
surveillance of the production co ntrol at the factory;   
2) Module D (production quality assurance) with  application of the following procedure:  
testing by the manufacturer of a certain type of products;  
surveillance of the production co ntrol at the factory;   
testing by the manufacturer of the product samples selected at the factory in accordance with the 
testing program;  
carrying out by the assessment body of the insp ection and assessment of the production control 
system. 
22. Certification of products by an assessmen t body shall be carrie d out using module B 
(inspection of a certain  type of product) in combinati on with module D (proper production 
quality assurance), or module F (inspection of products), with the application of the following 
procedure:  
1) surveillance of the production control at the factory;  2) testing by the assessment body of  a certain type of product;   
3) further testing by the manufacturer of the product samples selected  at the factory in 
accordance with the testing program;  
4) inspection by the assessment body of th e production quality assurance system;  
5) conduct by the assessment body of the on-going surveillance, analysis, and assessment of the 
production quality assurance system;  
6) testing by the assessment body of  the product samples selected at the factory, in the market, or 
at the construction site in accordan ce with the auditing program.  
23. Upon drawing up the decl aration of the products  conformity or receiv ing the certificate of 
conformity, the manufacturer shall affix the nati onal conformity mark on the product or on the 
attached tag, packing, or accompanying documents , in accordance with the rules for application 
of the national conformity mark, approved by the Resolution of the Ca binet of Ministers of Ukraine No. 1599 of November 29, 2001 ((“Ofits iyniy Visnyk Ukrayi ny”, 2001, No. 49, p. 
2188; 2006, No. 20, p. 1451).  
The declaration of the products conformity and th e documents listed in paragraph 19, must be 
kept by the manufacturer  during a period of 10 years after the use of the products in construction 
works, and must be presented for inspection in  accordance with the procedure established by 
law.     
 
 
DECLARATION 
of Products Conformity  
_____________________________________________________________________________________ 
                                             (full appellation of the manufacturer or the authorized person thereof 
_____________________________________________________________________________________ 
                                  that is re sident in Ukraine, or the supplier, their addresses, identification number) 
in the person of _______________________________________________________________________ 
                                                                       (position, surname, first name and patronymic of the aut horized person) 
hereby affirms that the construction product __________________________________________________,
                                                                                                                  (full name, t ype, brand, model) 
manufactured according to ______________________________________________________________, 
                                                                                                       (name and designation of  the document) 
conforms with the Technical Regulation on Constr uction Products, Buildings , and Construction Works 
according to ____________________________________________________________________________
                                                               (name and desi gnation of the normativ e documents (if any) 
_____________________________________________________________________________________  
Technical documents for the construction product as prov ided for in the Technical Regulation, are available. 
Report of testing carried out  under supervision of __________________________________________ 
                                                                                                                                                             (appellation 
_____________________________________________________________________________________ 
                                                  of the conformity assessment body appointed in accordance with the establishe d procedure) 
___________________________________________________ No. ______ of ________________ 200_.  
This declaration has been drawn up under total responsibil ity of the manufacturer (a uthorized person) or the 
supplier.  
Manager ____________ 
                                (signature)  ________________ 
(initials and surname)  
___ ____________ 200_ .     
(seal point)             
 
 
____________  
  
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 Annex  to Technical Regulation