Generally, planning/zoning issues in Ukraine are regulated by a number of national laws and regulations as well as regional/local regulations.
Among the most important laws are:
The Town Planning Law, which came into effect on 12 March 2011 (except for some provisions which are effective from 12 June 2011, 1 January 2012 and 1 January 2013), is aimed at the implementation of complex reform in the area of town planning and construction, the main purpose of which is to simplify construction and planning procedures. Following Ukraine's ratification of the EU Association Agreement on 16 September 2014, legislative initiatives are aimed at the further deregulation and simplification of the construction permit system in line with European legislation and practice.
State Construction Norms contain technical requirements applicable to the planning and construction stages of development.
The local town planning documentation (the General Plan of Settlement, the Detailed Plan of Territories and the Plan for Zoning of Territories) are the main documents which contain legal regulations applicable to local planning/zoning. From 19 April 2014 town-planning documentation (specifically, general and detailed plans) is made publicly available in full (although in practice this still has not been implemented in the majority of settlements), ie that documentation cannot be classified or contain other restricted data.
State authorities (ie the Ministry of Development of Communities and Territories of Ukraine (ex-Ministry of Regional Development and Construction), the State inspection of architecture and town planning of Ukraine (the newly created state authority that have to replace State Architectural and Construction Inspectorate, etc) have a wide range of powers to regulate and control planning and construction issues in Ukraine, as well as to develop certain legislative acts in this sphere.
Additionally, local authorities in Ukraine are entitled to decide on zoning issues, control development at the local level as well as to develop local regulations based on the national legislation.
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The laws of Ukraine provide that almost any construction, reconstruction or capital repair (irrespective of the ownership to the underlying plot of land) should be carried out in accordance with the permissive procedure stipulated in the legislation. Depending on the complexity of the construction it may be necessary to develop and approve planning documentation, obtain a construction permit and commission the building (for technically complex projects) or notify on the commencement of construction works and declare the completion of construction (for technically simple projects).
In the light of the deregulation initiative being currently implemented in Ukraine, amendments to the Town Planning Law regarding decentralization of authority in the sphere of architectural and construction control have been implemented. Specifically, as from 1 September 2015 the architectural departments of the local municipal authorities are responsible for state architectural and construction control as well as the issuance of permissive documents with regard to construction projects located within the boundaries of developed settlements. The inspectors of the State Architectural and Construction Inspectorate issue the permissive documents for projects located outside developed settlements, as well as for the most technically complex projects (irrespective of where they are located), and are required to ensure compliance by the state and municipal authorities with town-planning legislation.
Refurbishment is usually governed by local regulations. Ukrainian law stipulates that certain refurbishment works (eg minor refurbishments) do not require any permissions or consents from the state or municipal authorities. The Ukrainian government is contemplating the abolition of all permits for refurbishment and minor reconstruction/re-planning works.
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Under Ukrainian law the general design requirements for the construction of new buildings are set out in the local town planning documentation to be developed in line with higher-level town planning documentation. Specifically, the town planning documentation for most settlements is to comprise a General Plan of Settlement, a Detailed Plan of Territories and a Plan for the Zoning of Territories. At the national level the General Scheme for Planning in the Territory of Ukraine and schemes for separate regions is to be developed.
After the development of all levels of town planning documentation, input data for planning (which contain specific requirements for the development of separate buildings) can be obtained on the basis of the local town planning documentation and planning documentation for the construction of separate buildings can be prepared and approved as required by the law.
It should be noted that currently in Ukraine not all levels of town planning documentation are in place. From 1 January 2015 the allocation of state and municipal land to the ownership or use of individuals and legal entities, and any change in land zoning for town-planning (construction) purposes, has been prohibited if the relevant zoning plans or detailed plans have not been developed for the territory where relevant land is located. In addition, in cases where these plans are not available, local authorities are not entitled to issue the data for planning.
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Under Ukrainian law the development/use of a building must be in line with the zoning of the plot of land on which the building is placed. If the building has special status, ie as an object of cultural heritage or dangerous object, additional legal restrictions are usually applicable on its use and disposal.
It should also be noted that the procedure for a change of use of a building is not clearly stipulated by Ukrainian legislation. Local regulations may provide for specific restrictions on change of use.
Furthermore, legal restrictions on the use of the underlying plot of land, eg servitudes (a legal encumbrance against property), protection zones for communications, sanitation zones, etc. could be set over the plot of land that could also impede the use of a building.
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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.
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Depending on the construction works to be carried out (eg construction of a dangerous object, reconstruction of a cultural heritage site or construction on certain types of plots of land) it can be necessary to obtain additional permissions, consents or approvals from the respective state/municipal bodies or to pass assessment of impact on environment.
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Under Ukrainian legislation permission for development is granted by means of the authorization of plots of land for construction purposes by the local councils, state administrations or the State Service of Ukraine for Geodesy, Cartography and Cadastre (depending on the location, the ownership and zoning of the plot of land) and the issuance of initial data for planning by the authorized local architectural and construction authorities to the owners and users of those plots of land ready for development subject to consideration of applications to be made by those owners and users. Provided that construction is in line with existing town planning documentation and the zoning of the plot of land, the owner/user of the plot of land should obtain town planning conditions and restrictions for development of the plot of land, which represent an authorization to commence planning works.
The complexity of the construction procedure depends on the complexity of the building.
Technically simple buildings may be constructed without the development and approval of planning documentation and based on declarations of commencement and completion of construction works.
The planning documentation for a complex building should be approved by the independent experts which are certified for such works. The expert organizations are entitled to involve the state land resource, environmental, sanitary and other competent authorities in the conduct of an expert review of the documentation. After approval of the planning documentation the Permit for the Carrying out of Construction Works (the document allowing commencement of construction works) should be obtained from the central state authority responsible for the state policy in respect of state architectural and construction control and supervision (at the moment such authority is newly created State inspection of architecture and town planning of Ukraine that have to replace State Architectural and Construction Inspectorate of Ukraine) and, from 1 September 2015, also from the relevant local municipal authority). Before approval of the planning documentation only preparatory works (eg excavation works) may be undertaken subject to obtaining a Permit for the Carrying out of Preparatory Works.
Be aware that creation of the State inspection of architecture and town planning of Ukraine was provided by Resolution of the Cabinet of Ministers of Ukraine No 1340 dated 23 December 2020. The newly created authority is in the process of being established.
In October 2015 an initiative to submit construction documents required to obtain a permit electronically was launched. Thus, the relevant notification as to the commencement of preparatory or construction works, as well as the declarations on completion of construction may be submitted on-line via the web-site of the electronic administrative services. Starting from 30 November 2020 documents allowing commencement of construction works (except technical simply building and works) should be obtained electronically.
On 17 January 2017 the Parliament adopted a law implementing a new classification of buildings. The law came into force on 10 June 2017. Thus, Town Planning Law divides all buildings by three classes of consequences instead of 5 existing categories of complexity: I class of non-essential consequences – technically simple buildings, II class of medium and III class of essential consequences – technically complex buildings. Based on new amendments to town planning legislation, the buildings of I class of consequences may be constructed after development of project documentation based on notification on commencement of construction works. The buildings of II and III class may be constructed after development of project documentation, which is subject to mandatory expertise, based on the Permit for the Carrying out of Construction Works. The buildings of I class of consequences are commissioned based on the declaration on completion of works, and buildings of II and III classes of consequences based on the act and certificate of readiness for exploitation.
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Third parties are entitled to object if their rights might be violated during the process of construction, reconstruction or capital repair, for example in cases of ecological danger in connection with the building to be constructed. Ukrainian legislation provides that principal town planning documentation at a local level (the General Plan of Settlement, a Detailed Plan of Territories and a Plan for the Zoning of Territories), as well as major amendments to such documentation should be the subject of public hearings.
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Under Ukrainian law separate decisions in respect of construction adopted by the state bodies (eg decisions to issue a Permit for the Carrying out of Construction Works) could be cancelled by such bodies or the higher-level state bodies (based on grounds provided for in the legislation) and also separate decisions adopted by the executive bodies of local councils (eg decisions on the authorization of plots of land for construction purposes) could be cancelled by the relevant councils.
In addition, persons or legal entities that consider that their rights might be infringed in connection with planned construction are entitled to file claims with the court that might result in the cancellation of the permission for development or a prohibition on the local authority allowing such development. A prosecutor may also appeal a decision approving a development if the planned construction infringes the rights of the state of Ukraine.
Please see the reply to the question about "Responsible Authorities" for the effect of the new Law of Ukraine "On State Prosecution" No. 1697-VII dated 14 October 2014.
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Pursuant to Ukrainian legislation if planned construction complies with the existing town planning documentation the local authorities must issue initial data for planning (meaning town planning conditions and restrictions on the development of the plot of land) within 10 business days from the submission of the relevant application. If the planned construction does not comply with the existing town planning documentation, there are no definite timeframes for issuing the initial data for planning. In practice, it could take from two to about five months since the relevant amendments must first be introduced into the existing town planning documentation.
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Under Ukrainian law the decision of a relevant authority in respect of an application for permission for development could be disputed in a court. Besides this, some decisions can be appealed to the higher-level state bodies.
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Pursuant to Ukrainian law some agreements to be entered into with the local authorities or utility suppliers (eg shared participation agreements on the development of infrastructure or agreements on temporary supply of utilities during the period of construction) are mandatory. Starting from 1 January 2021 shared participation agreements on the development of infrastructure are not mandatory subject to construction works starts after 1 January 2021.
It is also possible under Ukrainian law to enter into different agreements with local/state authorities/utility suppliers which are not obligatory but which could facilitate the carrying out of development (eg investment agreements or consultation agreements). The type and scope of these agreements and their effectiveness depend on the region and type of construction.
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Permission for development consists of a document granting title to the plot of land for construction purposes. The validity period depends on the type of such documents (ie the term of a lease of land is defined in the relevant agreement or there will be no such term stated if the land is granted by way of permanent ownership).
Permissive documentation (ie town planning conditions and restrictions, technical conditions representing initial data for planning, the Permit for the Carrying out of Construction Works (which grants the right to commence construction works for technically complex developments) is valid until completion of construction.
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Under Ukrainian law planning restrictions on development over construction sites should be considered by the developer and the architect while developing the planning documentation. At the stage of approval of the planning documentation state bodies are entitled to set additional restrictions that should be taken into consideration during the construction stage.
The local departments of the State inspection of architecture and town planning of Ukraine (the newly created state authority that have to replace State Architectural and Construction Inspectorate of Ukraine) and the architectural departments of the local municipal authorities are entitled to monitor the compliance of construction works being carried out in accordance with the planning documentation (including with regard to the established restrictions on development and designated use). In cases of breach of construction requirements and/or restrictions stipulated by planning documentation or additional restrictions stipulated by relevant authorities, developers could be forced to remedy such breaches (by means of orders issued by competent authorities as well as through court procedures). Additionally, depending on the character of such violations, they may be fined up to 900 times the subsistence level for employable persons (about UAH 1.8 million).
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Are there any circumstances in which an application for permission for development or the carrying on of a designated use or the permission itself is reviewed by another body, eg a court?
Under Ukrainian law separate decisions in respect of construction adopted by the state bodies (eg decisions to issue a Permit for the Carrying out of Construction Works) could be cancelled by such bodies or the higher-level state bodies (based on grounds provided for in the legislation) and also separate decisions adopted by the executive bodies of local councils (eg decisions on the authorization of plots of land for construction purposes) could be cancelled by the relevant councils.
In addition, persons or legal entities that consider that their rights might be infringed in connection with planned construction are entitled to file claims with the court that might result in the cancellation of the permission for development or a prohibition on the local authority allowing such development. A prosecutor may also appeal a decision approving a development if the planned construction infringes the rights of the state of Ukraine.
Please see the reply to the question about "Responsible Authorities" for the effect of the new Law of Ukraine "On State Prosecution" No. 1697-VII dated 14 October 2014.
Last modified 22 Mar 2024