Changes in the Land Code of Ukraine and legislation on land use planning
The Verkhovna Rada of Ukraine of 17.06.2020 adopted the Law “On Amendments to the Land Code of Ukraine and other legislative acts on land use planning”, according to the Bill № 2280 of 17.10.2019 (hereinafter – the Law), which enters into force on the day of its publication.
The law regulates the following issues:
- setting community boundaries; integrated spatial planning of community territories, which eliminates the need to develop several, related in content, types of urban planning documentation and land management documentation; standardization of issues related to its approval; rationing of formation of electronic cartographic basis for territory planning; ensuring a real connection between socio-economic development programs and spatial planning documentation, as well as the creation of a transparent and non-conflict mechanism for taking into account public and private interests through transparent public discussions.
In particular, the provisions of the Law provide:
- formation by communities of their own bodies of town-planning and architecture, which will be able to establish town-planning conditions and restrictions on the whole territory of the community; ⠀
- change of purpose of land user of land plots of state and communal property in case of presence of a building in private ownership of land user, as well as in case of change of purpose of land plots of two categories – lands of housing and public buildings and lands of industry, transport, communication , energy, defense and other purposes; ⠀ li>
- adjustment of the functional zones established by the old general plans of settlements, by means of detailed plans of the territory, except for the territory of parks, squares, forests and coastal protection strips; ⠀
- creation by the bodies of town-planning and architecture of the service of the customer of town-planning documentation; ⠀
- change of purpose of especially valuable lands for placement of industrial objects; ⠀
- preservation of the existing procedure for determining the zones of protection of cultural heritage monuments (according to the relevant research and design documentation); ⠀
- authorization of the Cabinet of Ministers of Ukraine to approve the procedure for using the subvention from the state budget to local budgets to finance the development of comprehensive plans; ⠀
- establishing a transitional period during which the approval of urban planning documentation, the development of which has already begun before the entry into force of the law, is carried out without compliance with the requirements established by this law for its composition and content;
The law also supplemented the list of initial data that developers of urban planning documentation are obliged to receive with data on:
- World Heritage Sites, Their Territories and Buffer Zones; cultural heritage sites, including archeological ones, their territories and protection zones; ⠀ li>
- boundaries and modes of use of historical areas of settlements; historical and cultural reserves, historical and cultural protected areas and their protection zones; ⠀ li>
- protected archaeological sites.