Placing a sign – what do you need to know?

Regulatory framework

Today, Ukraine has no separate law regulating the issue of signage. The only nationwide act in this area is the Model Rules for the Placement of Outdoor Advertising (Cabinet of Ministers Resolution No. 2067 of 29.12.2003), which defines a sign and limits its size to 3 m².

Other requirements for the placement of signs are determined at the local level in the rules for the improvement of the respective settlements. Given the importance of the issue of signage placement for the development of the city, some local councils separate the rules for signage placement into a separate procedure or regulation. For example, for Kyiv, there is the Placement Procedure, which was approved by the Kyiv City Council Decision No. 224/2446 dated April 20, 2017 (hereinafter – the Procedure). This document establishes clear requirements for signs in Kyiv and defines a transparent procedure for their placement.

Despite the fact that any sign is essentially an advertisement, not all signs in Ukraine are considered to be advertising. The Law of Ukraine “On Advertising” defines advertising as information about a product or person that creates and maintains consumer awareness and interest in that product, and this information is disseminated by any means. And be that as it may, in the opinion of our authorities, the sign does not fulfill these functions.

Outdoor advertising is considered to be advertising on special structures, temporary or stationary. These include media on open planes, elements of street installations, external surfaces of buildings and over roads. Signage is distinguished from outdoor advertising by a number of requirements to the form and content of the sign, which we will discuss below.

Do I need a special permit to place a sign?

No separate permit is required to place a sign; it is sufficient to submit a Notice of Placement of a Sign with the relevant attachments to the Administrative Services Center before (preferably) or after the sign is installed.

The key provisions of the aforementioned Procedure are the clauses on the form and content of signs. In accordance with clause 1.7.1 of the Procedure, the sign may contain only information on

  • registered name of the person
  • trademark for goods and services
  • type of activity
  • working hours

In this case, the size of the sign should be no more than 3 m², and in some cases – no more than 0.3 m². If the sign exceeds the established size or contains any information not provided for by the Procedure (advertising slogans, product images, etc.), it is considered advertising and must be installed according to stricter rules after obtaining a special permit.

So, for example, a sign with the name of a fitness club (which coincides with the registered name) and even the word “fitness club” placed on the facade of a building no higher than its first floor, where the fitness club is located, will not be considered advertising.

All special structures such as firewalls, billboards, city lights, lightboxes, three-dimensional letters and other roof installations, and even street banners, etc. will be considered advertising.

Procedure for submitting a Notice of placement of a sign (Kyiv)

Any individual or legal entity may place a sign. Within 10 days from the date of installation of the sign, the person must submit to the Center for the Provision of Administrative Services (CPAS) of Kyiv or the administrative service center of the district state administration in Kyiv at the place of placement of the sign, a Notice of Placement of the sign in the form posted on the website of Kyivreklama https://www.kyivreclama.kyiv.ua/zrazki-dokumentiv-2/, as well as the relevant annexes to such Notice.

It is also worth noting that now it is not necessary to go to the ASC, you can submit everything through the electronic service https://eadv.kyivcity.gov.ua/, which is operating in test mode.

The list of documents to be attached to the Notice:

– a copy of the document certifying the right of ownership (use) of the premises (building, structure) where the sign will be placed, duly certified by the applicant (for example, it may be a lease agreement)

– color photographs in electronic format of the entire facade of the building on which the sign is placed, as well as photographs of the 1st floor with all the signs available on it (if there are several establishments with separate entrances within the 1st floor)

– a draft of the sign in electronic form, i.e.: a sketch of the sign, which defines the main characteristics of the sign: the type (type) of sign manufacturing, its overall dimensions, distances from the fastening points on the facade to the outer surface of the sign

– a copy of the certificate for the trademark or a certified copy of the license agreement (if the trademark is used on the sign).

After submission, the KCSA Advertising Board (hereinafter referred to as the “Board”) shall review the documents and the sign itself for compliance with the Procedure within 10 business days and make a decision. If the sign is placed on a cultural heritage site, the Department independently engages the Department of Culture of the KCSA or the Ministry of Culture of Ukraine to review the package of documents. If the decision of the Department is positive, an application with a note on the legality of the sign is sent to the person through the ASC. If the decision is negative, the person is given 30 days to eliminate the discrepancies. The Procedure also provides for the principle of “tacit consent” – if the Department does not respond to the application within the established period, the sign is automatically considered legal 10 business days after the expiration of the period.

Section II of the Procedure sets out an exhaustive list of requirements for the placement of signs. Among other things, signs are not allowed to be placed on the facade above the first floor, on balcony fences, or with a window or shop window closed by more than 30%. It is noteworthy that in order to preserve the historic center of the capital, the Procedure defines a restricted signage area, where signs in the form of light/running lines and geometric shapes larger than 0.5 m² are prohibited. An important appendix to the Procedure is the Signage Placement Manual, which provides examples of the correct placement of signs on facades in the form of drawings.

Updating the Procedure for Placing Signs (Kyiv)

Today, the Kyiv authorities want to change the current Procedure for placing signs. This is done in order to provide a clearer procedure for their placement in order to preserve the authenticity of the city’s historical environment. This was reported in the summer of 2023 by the press service of the Kyiv City State Administration with reference to Oksana Polishchuk, Head of the Advertising Department.

The proposed changes should improve the procedure for signage design, provide greater clarity to the requirements, and regulate placement. In addition, it is planned to establish restrictions on the number of signs placed by one owner on the facade of a building.

The main changes will include:

  • introducing clear definitions, terms and requirements for signage placement
  • clarifying the requirements for the size, materials, technique and style of signs, their lighting, and information content
  • unification of signage types
  • clarification of the grounds and places where the placement of signs is not allowed
  • clarifying the names of streets and zoning boundaries for the placement of signs in Kyiv

In summary, we would like to note that the rules are designed to be followed by some and monitored by others. Therefore, compliance with the provisions of the Procedure depends both on the efficiency of the regulatory authorities and on the level of legal awareness of the business community that will apply it in practice. And if you need qualified legal assistance in preparing a package of documents and obtaining a permit for your own sign, please contact us using the contacts posted on this website.

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