On June 17, 2020, the Verkhovna Rada adopted the Law On Amendments to Certain Legislative Acts of Ukraine on Land Use Planning (draft law No. 2280)
The specified Law amends the Land Code of Ukraine, the Water Code, the Law of Ukraine On the Regulation of Urban Planning Activities, the Law of Ukraine On Local Self-Government, the Law of Ukraine On Architectural Activities, and other regulatory legal acts.
Urban planning
A new type of urban planning and land documentation is emerging – a comprehensive spatial development plan for the territory of a territorial community.
A comprehensive spatial development plan for the territory of a territorial community is simultaneously urban planning documentation at the local level and land management documentation that determines the planning organization, functional purpose of the territory, the main principles and directions for the formation of a unified system of public services for the population, the road network, engineering and transport infrastructure, engineering preparation and improvement, civil protection of the territory and the population from dangerous natural and man-made processes, protection of lands and other components of the natural environment, formation of an ecological network, protection and preservation of cultural heritage and the traditional character of the environment of settlements, as well as the sequence of implementation of decisions, including the phasing of territory development.
- The comprehensive plan contains spatial data, metadata and other elements that make up its design solutions, and is developed in the form of an electronic document.
- The validity period of the comprehensive plan is not limited.
- Changes to the comprehensive plan may be made based on the results of urban planning monitoring, but not more often than once a year.
- The comprehensive plan is subject to examination of urban planning documentation in accordance with the procedure established by the Cabinet of Ministers of Ukraine.
- The comprehensive plan is subject to strategic environmental assessment.
- The comprehensive plan is considered and approved by the village, settlement, city council within three months from the date of its submission
Functional zone of the territory – a part of the territory of the territorial community, defined by the comprehensive plan for the spatial development of the territory of the territorial community, the general plan of the settlement, the zoning plan of the territory, for which a certain set of permitted (predominant (main) and related) types of land use is determined and, in accordance with the legislation, restrictions on the use of land in the field of development are established.
Land legislation
When establishing the intended purpose of land plots, they are assigned to a certain category of land and type of intended purpose.
When changing the intended purpose of land plots, the category of land and/or type of intended purpose is changed.
The assignment of land plots to a certain category and type of intended purpose of land plots is carried out in relation to:
- land plots managed by the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive authorities and local self-government bodies, by decision of the relevant body;
- privately owned land plots – by their owners.
The category of land and the type of purpose of the land plot are determined within the relevant type of functional purpose of the territory, provided for by the approved comprehensive plan for the spatial development of the territory of the territorial community or the general plan of the settlement.
Urban planning documentation at the local level also establishes the maximum permissible height of buildings, buildings and structures, the maximum permissible population density within the residential development of the relevant residential unit (block, microdistrict), the minimum permissible distances from the designed object to the red lines, building regulation lines, existing buildings and structures, planning restrictions on the use of airfield territories established in accordance with the Air Code of Ukraine (restrictions on the use of land in the field of development).
Restrictions on the use of land in the field of development, established by a certain type of urban planning documentation at the local level, are determined by the Procedure for the development, updating, amendment and approval of urban planning documentation, approved by the Cabinet of Ministers of Ukraine, and are entered into the State Land Cadastre, the urban planning cadastre.
Water Code
Coastal protective strips within settlements are established in accordance with comprehensive spatial development plans for the territories of territorial communities, master plans of settlements, and in their absence or if the boundaries of such strips are not established by the specified urban planning documentation, they are determined by a width of 100 meters from the water edge of seas, sea bays and estuaries, and for other water bodies – in accordance with part two of this article.
The boundaries of coastal protection strips and beach zones are specified in land management documentation, urban planning documentation and are marked by executive authorities and local self-government bodies on the ground with information signs. Information about the boundaries of coastal protection strips and beach zones is entered into the State Land Cadastre as information about restrictions on land use.
Transitional provisions:
- urban planning documentation at the local level, approved before the entry into force of this Law, remains valid. From January 1, 2025, amendments to such documentation are allowed provided that they are brought into line with the requirements of this Law;
- zoning plans for territories approved before the entry into force of this Law are considered integral parts of the general plans of settlements.
- In settlements in which zoning plans for territories have not been approved as of the date of entry into force of this Law, zoning plans for territories may be approved by amending the general plans of settlements;
- within two years from the date of publication of this Law, urban planning documentation at the local level, the development of which was initiated before the date of entry into force of this Law, may be approved without taking into account the requirements of this Law regarding the composition and content of urban planning documentation at the local level.
