REALWorld Law

Planning / zoning

Responsible authorities

Which authorities are responsible for regulating the development and designated use of individual parcels of real estate in this country and which legislation applies?

Ukraine

Ukraine

In Ukraine a number of various state and municipal authorities are responsible for the regulation of the development and use of individual parcels of real estate. The most significant are local councils/state administrations (at the stage of obtaining legal title to land and initial data for planning), the Geodesy, Cartography and Cadastre State Service of Ukraine (which is responsible for ensuring compliance with the designated use of plots of land during construction), departments of environment and natural resources of local state administrations and the State Ecological Inspectorate (responsible for ensuring compliance with environmental protection requirements) and the architectural departments of the local municipal authorities. As well as the newly created State inspection of architecture and town planning of Ukraine (that have to conduct state supervision of the compliance of construction works with the relevant design documentation and legislative requirements at the stage of the construction and commissioning of the works).

The compliance of a development (at all stages) and the use of individual parcels of real estate with the relevant legislation is also supervised by the state prosecutor's office. On 15 July 2015 a new Law of Ukraine ‘On State Prosecution’ No. 1697-VII, dated 14 October 2014, came into effect. This has limited the functions of the prosecutor's office in this field considerably. In particular, the office's general supervision function was abolished, and the prosecutor is authorized to represent the state's interests in court (eg to challenge a decision of a local municipality on granting title to land) only in cases where the relevant state body fails to take appropriate action to defend those state interests or there is no state body with competence. The prosecutor must also prove to the court that there are reasonable grounds for the prosecutor to act on behalf of relevant state body.

National legislation and local regulations are both applicable. During the period when buildings are actually occupied the designated use of individual parcels of real estate is controlled by the state sanitary, fire, environmental, cultural heritage authorities.