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THE PRESIDENT SIGNED THE LAW OF UKRAINE "ON AMENDMENTS TO THE LAND CODE OF UKRAINE AND OTHER LEGISLATIVE ACTS ON LAND USE PLANNING"
Asters, Kyiv, Ukraine,
August 06, Thu, 2020
On 17 June 2020, the Verkhovna Rada of Ukraine approved the Law of Ukraine "On Amendments to the Land Code of Ukraine and Other Legislative Acts on Land Use Planning" (Draft Law No. 2280), (hereinafter - the "Law"), which was signed by the President of Ukraine on 23 July 2020.
The main purpose of the Law is to unify all urban planning and land management documentation in one publicly available electronic document entitled the "comprehensive community spatial development plan".
What problems the Law is trying to resolve?
1) Solves the problem of designated use and functional purpose of land.
The Law will provide an opportunity to determine the designated use of the land owner independently by himself within the relevant functional purpose of the territory, defined by the approved comprehensive plan of spatial development of the community, and in its absence - zoning plan or detailed plan of the territory. In addition, the designated use within the type of functional purpose of the territory will not require the development of a land management project.
2) Simplifies the procedure for privatization of land.
The Law stipulates that during the privatization of land by citizens, communication with local governments will take place through the interface of the Public Cadastral Map, which will significantly speed up the privatization procedure and make it simple and transparent.
3) Simplify the procedure for granting land plots of state or communal ownership for use.
The law stipulates that the procedure for obtaining land plots of state or communal ownership for use will be significantly simplified through the use of information from the Public Cadastral Map. In addition, the Law defines an exhaustive list of grounds for refusing to approve a land management project for the allocation of land, which should reduce the level of corruption.
The Law introduces such a new concept as a "comprehensive plan for the spatial development of the community", which is defined both as a type of urban planning documentation and land management documentation at the local level. The comprehensive plan of spatial development of the community will determine: planning organization, functional purpose of the territory, basic principles and directions of formation of a unified system of public services, road network, engineering and transport infrastructure, engineering training and improvement, civil protection of the territory and population from dangerous natural and man-made processes, protection of lands and other components of the environment, protection and preservation of cultural heritage and traditional nature of the environment of settlements, as well as the sequence of implementation of decisions, including phased development, including the sequence of master plans and detailed plans.
The materials of the comprehensive community spatial development plan will not have information with limited access. The availability of materials for a comprehensive spatial development plan will be ensured in accordance with the requirements of the Law of Ukraine "On Access to Public Information" (i.e. it will be possible to obtain it by sending a written request for information within 5 working days from the date of such request).
Additionally, through the procedure of developing a comprehensive spatial development plan, all planning restrictions that are now set by various urban planning documentation (i.e. "red", "yellow", "green" lines, etc.) will be included in the State Land Cadastre.
In fact, the Law will give local governments (village, settlement, city councils) the opportunity to carry out spatial planning of the community, both within and outside the settlements.
4) Ensures the automatic formation of coastal protection zones of water bodies
The Law provides for amendments to the Water and Land Codes of Ukraine by enshrining norms according to which the coastal protection zones are considered to be established on the principle of "by virtue of law" without the need to develop any additional documentation.
For more information, please contact Asters Counsel Anzhelika Livitska