REALWorld Law

Sale and purchase

Planning/zoning issues

How can a buyer ascertain the permitted uses of a parcel of real estate under the applicable zoning or planning law in this country?



Planning documentation kept by local authorities, as well as documentation pertaining to each particular property, should be verified. These include, in particular, the master plan, the detailed plan of the locality, zoning plan, title documents etc. The zoning of land can be checked in the State Land Cadastre and title documents.

Generally, the use of land can be changed, but there are some categories of land where a change of use is not permitted or where this involves a complex procedure, requiring approval from the Cabinet of Ministers of Ukraine or the Parliament of Ukraine.

From 1 January 2015 (with amendments of 1 March 2018), the following restrictions apply in relation to zoning issues:

  • where no zoning plan or no detailed plan of the locality is in place for the settlement, the state and municipal authorities can transfer public plots of land into the ownership of private persons or leasing it to them for construction purposes only in some cases (eg when the building of such private person is located on such land plots, when land plot is transferring for the purpose of the construction of linear objects of transport and energy infrastructure); and
  • a change in the designated use of the plot of land, which is in conflict with the zoning plan and/or the detailed plan of the locality is prohibited.