Advertising is the engine of commerce, a classic axiom of marketers. The lion’s share of sales depends on advertising. So agree that selling is also a trade. For the last several years an active advertising campaign has been conducted in Kyiv without permission. According to information on the website of Kyiv advertisements, only one in six advertisers is allowed to advertise. In this article, we will lay out on shelves different in essence the concepts of outdoor advertising, signboards and plaques, determine what they differ and what to consider when placing them.
A sign or plaque with information about a person’s registered name, signs for goods and services belonging to that person, type of activity, hours of work placed on the facade of their own or rented premises, on the exterior of the house or structure not higher than the first floor or on the floor where your own or rented premises are not considered advertising at the entrance to such premises.
That is, in order for a sign to be considered informational, it must contain only the name of the company, which must coincide with the name of the legal entity, may contain a type of activity, if it does not follow from the name of the person, for example – “cafe” or “pharmacy” and hours of operation . It is also allowed to place on the trademark notice the rights to which the applicant owns or is transferred, for example, under a franchise agreement. However, the trademark must be registered in the order established by law – it is necessary that you have on your hands the certificate of registration of the mark for the goods and services of “Ukrpatent”.
Another important point is the location of the signboard. The information sign should be placed on the facade of the premises occupied by your company. That is, if your sign is on the bracket or visor of the entrance group, this design can not be considered as an information sign, it is advertising. This is a general rule that applies throughout Ukraine, however, in Kyiv there are additional restrictions. In accordance with the requirements in force in the city of Kyiv for the sign to be considered informational, it must also meet the following additional criteria: the surface area of the sign should not exceed 3 square meters. m., the sign should be located above the first floor. If there are several owners (tenants) of premises in the building, the external entrance for which is common, then their signboards on the facade should be placed on small signs of the same size (up to 0.3 square meters). Within the restricted area of signage in the city of Kiev the area may not exceed 0.5 square meters. The so-called Limited Signage Area is located in the center of the capital and is restricted to certain streets, this concept aims at streamlining the aesthetic appearance of the historic center.
So, no advertising: information about the manufacturer of the product or product in the places where the product is sold or provided to the consumer, such as Chamomile LLC, toys and work hours. Subject to the requirements of the location on the facade, zoning of the city, the form of the sign and its area. Additionally, the sign must meet the requirements specified in the order of placement of signs in Kyiv, namely: requirements for placement, to the sizes of signs, to materials, equipment and stylistics of signs, to the appearance of the sign, to the lighting of signs, to information requirements.
There is a myth that the information sign in Kiev is not required, but we must dispel this stereotype. The information sign should be made in accordance with all the rules and requirements and in order to do it quickly and efficiently, all you have to do is contact an experienced lawyer in Kyiv. In the worst case, without a valid permit, the sign will be dismantled and its owner will have to pay a fine.
It should be noted that it takes only ten business days to receive the permit to place the sign. Compared to outdoor advertising, it takes more than one month for approval. In addition, given the absence of the requirement to pay a monthly fee for signage as opposed to outdoor advertising on a utility house, we advise you to think carefully about these nuances before ordering the production of advertising materials.
It shall have an area of not more than 0.5 square meters and shall be placed on the facade of the house at the entrance on the door or on the glass of the showcase and shall contain exclusively the following information: the registered name of the legal (natural) person, accessory and hours of operation. If the plate contains other information, then it is also considered outdoor advertising, although it may not exceed the established area. You do not need to tell the relevant authorities to place the nameplate.
Immediately put all dots above and, namely to make it clear that according to the legislation of Ukraine the information sign and information plate are not advertising. However, in fact, the signboard and plaque can carry the same functions as outdoor advertising. You just need to take the opportunity of their successful placement and arrange them in accordance with the requirements and rules in force in Kiev. Of course, a sign or sign cannot replace a full-fledged promotional design, but the advantage is that there is no charge for temporary use of the placement.
Outdoor Advertising – Advertising placed on special temporary and stationary structures located in the open country, as well as on the exterior surfaces of buildings, structures, elements of street equipment, over the carriageway of streets and roads.
Such special designs are temporary and stationary advertising means (light and non-light, terrestrial and non-terrestrial (air), flat and volumetric stands, boards, panels, banners, trolls, plates, boxes, mechanical, dynamic, electronic placards, screens, panels , curbstones, complex spatial structures, balloons, balloons, etc.) used for advertising.
A significant part of the advertising market is occupied by the placement of advertising structures on the exterior surfaces of buildings. However, here it is necessary to stipulate that there are some artificial obstacles and difficulties in the design of advertising on the facade of the house. In view of the experience in supporting the acquisition of advertising licenses, we can state that today such a procedure is not transparent enough and has recently become more expensive for customers. The reason for this was the unlawful requirements of the Architecture Department to the applicants regarding the need to submit a registered passport of the facade of the house in the part of the placement of the advertising structure.
February 5, 2019 approved the new Order of outdoor advertising in the city of Kiev. A new rule was introduced regarding the control by the Department of Urban Planning and Architecture of the KSCA, in the approval of permits for the placement of advertising means, the placement of facade advertising in accordance with the passports of facades of buildings and structures.
Thus, the Department of Urban Planning and Architecture actually checks the conformity of placement of advertising means of the passport of the facade of the house, construction (in the case of placement of advertising means on buildings, structures).
That is, the location of advertising means on the facade of a house or structure should be provided in the relevant passport of the facade.
To date, during the approval process of obtaining permission for outdoor advertising, the City Development and Architecture Department of the KSCA actually mandates the submission of a document such as a passport of the facade of the house. In addition, a facade passport must be designed to accommodate a specific signage on the facade and pre-registered with the department.
At the same time, the law does not provide for the obligation to submit and the possibility of requiring a passport of the facade of the house, construction when agreeing the permission to place advertising means – special advertising structures on the facade of the house. The list and requirements for the documents required for the receipt of the administrative service are determined by law. It is forbidden to require from the subject of the application documents or information for the provision of administrative services not provided by law. Therefore, the situation regarding the submission of a facade passport when agreeing to an advertising permit does not comply with the letter of the law. If necessary and at the request of the client, lawyers in Kyiv can protect the interests of the business in the administrative court. Obviously, the court will be required to declare the refusal of the approved permit illegal and to oblige the subject of the power to agree the permit in its part.
The requirement of the department for the facade passport is illegal and creates a corruption component. After all, passports of facades that provide advertising space in 99% of cases are missing from the owner or tenant of the premises. The production of a facade passport for a specific advertising structure affects the cost of services and significantly increases them, as well as the time spent on the approval procedure.
In addition, there is a fee for the placement of advertising structures on the municipal property of the territorial community of Kyiv. For example, in the Holosiivskyi district of Kyiv the advertisement of 2 square meters. m. will cost about 450 UAH per month.
It should not be forgotten that the permit must be agreed with the owner of the placement of advertising, ie with the balance holder of the house. And depending on the construction and location, for example with the Office of Cultural Heritage in cases where outdoor advertising is installed on sites of national importance, within the areas of protection of these sites, historical habitats or with Ukravtodor or road owners and the National Police in the case of outdoor advertising within the highway lane
In each case, obtaining permission to install outdoor advertising is individually determined by the authorities with which you need to agree the permission. In turn, each body has its own formula for creating artificial barriers. For example, in most cases, the Cultural Heritage Office refuses to agree because the advertising object is already installed. The officials of the Ministry of Culture are only interested in the issue of premature advertising, and more important issues such as the content or form of the advertisement, the color scheme and the facade arrangement of the building related to the historical monument remain unaddressed.
The 2019 Outdoor Advertising Order contains some of the novelties in the outdoor advertising approval process. Yes, the applicant’s priority period for placement of the promotional vehicle has been increased to 3 months, whereas earlier it was 2 months. In fact, by applying for permission to install advertising, you can not worry about its illegal placement.
The permit may be renewed and made possible not later than one month and not earlier than six months before its expiry date. It is not considered an unauthorized means of advertising during the period of consideration of the application for the extension of the permit.
In the event that an inspector of the Kyiverekla detects an advertisement that has been illegally placed, ie without permission, he has the right to make a request for its dismantling. Failure to comply with the requirement to dismantle advertisements placed without permission results in the imposition of a fine on citizens – from 20 to 80 tax-free minimum incomes of citizens (from 340 to 1360 UAH), on officials, business entities – from 50 to 100 tax-free minimum incomes (from 850 to 1700 UAH).
In the city of Kiev dismantling of advertising means is authorized by the Kyivdivklama Utility Company on the basis of the order of the KSCA Advertising Agency. Otherwise, you can appeal the dismantling of the ad because it will be illegal.
Experienced lawyers of our company carefully analyze the potential of advertising you need, in case of need advise you how to avoid unnecessary waste or how to optimize the placement of advertising. You can ask a lawyer a question and get a free consultation at our law firm office.
From the practice of lawyers of our law firm, it was often necessary to coordinate the placement of advertising structures with the Ministry of Culture of Ukraine, which is rather meticulous about advertising in the city center of Kiev. Legal services provided by our experienced attorneys, both to support the licensing process and, where necessary, to challenge the decisions or inaction of public authorities to obtain authorization.
The term of the outdoor advertising permit is 5 years, and it can be extended until the expiration of this period. Contacting the specialists of our company, you will receive comprehensive information and qualified support in the procedure of approval and permission for outdoor advertising. The time and money spent will not be wasted, because thanks to the successful advertising of the company, you can develop and expand your production and, as a result, get more effect and be more competitive.