The Ministry of Regional Development has developed a draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Delimitation of Functions of Authorized Bodies of Urban Planning and Architecture”
The project envisages amendments to the Land Code of Ukraine, the laws of Ukraine “On Local Self-Government in Ukraine”, “On Architectural Activity”, “On Regulation of Urban Planning Activity”, “On the Legal Regime of the Territory Affected by Radioactive Contamination as a Result of the Chernobyl Disaster”.
It is assumed that the approval of land management projects for the allocation of land plots falls within the competence of the executive body of the village, settlement, city council for architecture, and if such a body is not established or its powers do not extend to the territory of the location of the land plot – to the structural unit of the relevant local state administration for architecture or the executive body of the Autonomous Republic of Crimea for architecture by territorial jurisdiction (amendments to Articles 151, 186 and 186-1 of the Land Code of Ukraine);
- regulates the activities of architectural and urban planning councils and, among other things, provides that architectural and urban planning councils are formed under the central executive body that ensures the formation of state policy in the field of urban planning, the executive body of the Autonomous Republic of Crimea for architecture, structural units of
- regional state administrations for architecture;
- provides that village, settlement, city councils form executive bodies for architecture;
- provides that the own (self-governing) powers of the executive bodies of village, settlement, city councils in the field of architecture are supplemented.
The powers of the executive bodies of village, settlement, and city councils in the field of construction shall be supplemented with the following:
- providing, in accordance with the law, a construction passport for the development of a land plot;
- providing, in accordance with the law, a passport for the binding of a temporary structure for the conduct of business activities;
- organizing architectural and urban planning competitions in accordance with the established procedure.
Architectural and Urban Planning Council The project proposes to amend and supplement Article 20 of the Law of Ukraine “On Regulation of Urban Planning Activities”: For professional discussion of project decisions in the field of urban planning, architectural and urban planning councils shall be established as advisory bodies operating on a non-profit basis at the central executive body responsible for the formation of state policy in the field of urban planning, the executive body of the Autonomous Republic of Crimea for architecture, and structural divisions of regional state administrations for architecture.
The Architectural and Urban Planning Council at the central executive body responsible for the formation of state policy in the field of urban planning shall consider the following draft urban planning documentation:
- General planning scheme of the territory of Ukraine;
- planning schemes of the territory of individual parts of Ukraine;
- planning schemes of the territory of regions;
- general plans of the cities of Kyiv, Sevastopol, Simferopol and cities – regional centers.
Architectural and urban planning councils under the executive body of the Autonomous Republic of Crimea for architecture, structural divisions of regional state administrations for architecture shall consider projects of urban planning documentation by territorial affiliation, except for those specified in part two of this article. In addition, the transitional provisions of the draft Law stipulate that:
- executive bodies of village, settlement, city councils on architectural issues are successors to the rights and obligations of structural units of the district state administration on architectural issues by territorial affiliation in terms of performing the functions of authorized urban planning and architecture bodies;
- after the formation of authorized urban planning and architecture bodies in all village, settlement, city councils located in the territory of the district and the start of its functioning, the structural unit of the relevant district state administration on architectural issues is liquidated.
The mechanism for transferring powers from the structural unit of the Regional State Administration to the executive bodies of village, settlement, and city councils on architectural issues, as well as the Model Regulation on Authorized Urban Planning and Architecture Bodies will be developed by the central executive body that ensures the formation of state policy in the field of architecture.
According to the monitoring data of the process of decentralization of power and reform of local self-government, which is carried out by the Ministry of Regional Development, the number of formed united territorial communities as of November 10, 2019 is 1002. At the same time, as of October 2019, only 207 AHs have established authorized urban planning and architecture bodies.
According to materials Build Portal
