On 26 February 2024, the president of Ukraine signed the Law of Ukraine On Amending Certain Legislative Acts of Ukraine to Simplify the Procedure for Changing the Designated Purpose of Land Plots to Attract Investments for the Rapid Reconstruction of Ukraine ("Law"). The Law becomes effective three months following its publication (save for certain provisions).
The Law is intended to simplify the procedure for changing the designated purpose of land plots in areas outside settlements where there is no approved urban planning documentation at the local level. The Law also intends to introduce other changes that would facilitate investments to rebuild Ukraine.
Key takeaways
- The Law implements provisions intended to simplify the procedure for establishing and changing the designated purpose of land plots in areas outside settlements, where there is no approved urban planning documentation at the local level, in order to establish certain facilities on these land plots
- The Law introduces the Register of Territories Contaminated/Possibly Contaminated with Explosive Ordnance
In more detail
Establishing and changing the designated purpose in certain areas outside settlements where there is no approved urban planning documentation
During martial law and within five years upon its termination or cancelation, in the case of land plots[1] in areas outside settlements where there is no approved urban planning documentation at the local level and where the following facilities are planned to be located:
- Industrial and warehouse buildings
- Non-residential agricultural buildings
- Pipelines and lines of electronic communication networks and power transmission (except for main oil and gas pipelines)
- Integrated industrial structures (except for structures of facilities engaged in the extraction, production and recycling of nuclear materials, structures of nuclear fuel enrichment and processing facilities, structures of household waste thermal treatment (incineration) facilities, and nuclear power plants)
their designated purpose will be established and changed:
- Without compliance with the rules regarding correlation between the types of designated use of land plots and the functional designation of territories
- On the basis of a reasoned opinion from the competent urban planning and architecture authority on the possibility of placing a relevant facility on the land plot in accordance with regulation requirements
The designated purpose of these land plots will be changed based on the decision of the landowner applying for the information on the changed designated purpose of the land plot to be entered into the State Land Cadastre without the need to develop land management documentation.
Register of Territories Contaminated/Possibly Contaminated with Explosive Ordnance
The Law introduces the Register of Territories Contaminated/Possibly Contaminated with Explosive Ordnance ("Register") to record information on lands contaminated with explosive ordnance and lands unsuitable for use due to a potential threat of contamination by explosive ordnance. The State Emergency Service of Ukraine will maintain the Register.
The Law further determines that the state inspectors in charge of control over the use and protection of lands of the territorial bodies of the State Service of Ukraine for Geodesy, Cartography and Cadastre will inspect land plots that were exempted from local taxes and/or fees on the grounds that the lands have been recognized as unsuitable for use due to potential threat of contamination with explosive ordnance. Information on these inspections will be recorded in the Register.
Other changes
- The designated purpose of certain especially valuable lands may be changed to facilitate the placement of power facilities (including the technological infrastructure of power facilities).
- Extracts from urban planning documentation can be created and obtained through the Unified State Electronic System in the construction sector
- The Law abolishes the need to obtain a decision on the feasibility of locating certain river ports (terminals) when establishing or changing the designated purpose of land plots where such location is planned
- The procedure for free privatization of land plots by citizens has been clarified, i.e., the Land Code of Ukraine has been supplemented with provisions on the need to register applications for permission to develop land management documentation, as well as the land management documentation itself on the day of receipt thereof by the relevant executive authority or local self-government body that transfers the land plots
[1] Except for lands classified as nature reserves and areas used for other methods of nature protection, lands of historical and cultural significance, water reserve lands, and recreational and forest lands.
