Effective October 1, 2016, a pilot project in the area of issuing approvals for land allocation projects will be implemented according to Regulation No. 580 of the Cabinet of Ministers of Ukraine On certain matters related to pilot implementation of the extraterritorial approach to issuance of approvals for land allocation projects by local branches of the State Service of Ukraine for Geodesy, Cartography and Cadaster, dated 31 August 2016 (the “Regulation”).
Key changes

The Regulation provides that, effective October 1, 2016, the extraterritorial approach will be taken in respect of the land allocation projects approval. The designer of the land allocation project should submit the original land allocation project to the respective local branch of the State Service of Ukraine for Geodesy, Cartography and Cadaster (the “StateGeoCadaster”) covering such land plot. However, in contrast to the former procedure, the review and approval of the land allocation project will be conducted and issued by a different local branch of the StateGeoCadaster, chosen randomly by the electronic document management system. 

Furthermore, a tracking functionality is proposed to be implemented in the StateGeoCadaster’s official website to enable tracking of the land allocation project’s approval status.

We note that, in addition to the local StateGeoCadaster branch, any land allocation project may be required to be approved by a number of other authorities, including urban development and architecture, environmental protection, protection of the cultural heritage, forestry and/or water management authorities. Generally, the land allocation project approval procedure must be completed within 10 business days.

Expected effects

These novelties are expected to enhance the transparency and efficiency of the land allocation project approval, as having no personal contact between the land allocation project designer and the authority reviewing and approving such project will help to avoid any potential risks of corruption. In the future, the extraterritorial approach may be applied to other types of land management documentation.

Additional notes

This LEGAL ALERT is issued to inform Baker & McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in individual cases.