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New regulation of aerodrome environs use in the context of construction restrictions

On December 23, 2021, the Cabinet of Ministers of Ukraine approved Resolution No.1427 "Issues of use of the aerodrome environs".

The resolution approves:

  • Procedure for determining in town-planning conditions and restrictions the limiting altitude and planning restrictions for the development of land in the aerodrome environs
  • Procedure for establishing use restrictions of aerodrome environs

The State Aviation Administration of Ukraine must enter information on civil aviation aerodromes, and the Ministry of Defence of Ukraine must enter information on aerodromes (heliports) of state aviation in the Unified State Electronic System for the Construction (E-system) by March 25, 2022. This information should include the following data (except for information containing state secrets):

  1. name of the aerodrome (heliport)
  2. aerodrome operator (heliport)
  3. the size of the aerodrome environs of the aerodrome (heliport) in kilometers
  4. aerodrome elevation (exceedance of the highest point of the landing area above sea level) in the Baltic coordinate system
  5. coordinates of the aerodrome (heliport) control point

Concurrently, air navigation service providers and aerodrome (heliport) operators are recommended to connect to the appropriate electronic cabinet in the E-system by April 22, 2022.

The resolution also obliges the operators of aerodromes (heliports) to submit to the respective authorized body for city planning and architecture information on aerodrome (heliport) elevation (exceedance of the highest point of the landing area above sea level), location of zones for training and other types of flights and the size of the aerodrome environs of the aerodromes (heliports) of state aviation.

If the authorized body of urban planning and architecture receives a statement of intent to build a facility with a height of 45 meters or more relative to the aerodrome (heliport) elevation, then to obtain town-planning conditions and restrictions on land within the aerodrome environs such body must send to the State Aviation Service and / or the Ministry of Defense the information specified in the statement.

This information is subsequently transmitted to respective aerodrome (heliport) operator, air navigation service provider or the authorized body for aeronautical information, which assesses the impact of the planned construction object.

Based on this assessment, the State Aviation Service or the Ministry of Defense provides the body of urban planning and architecture with a conclusion on the limiting altitude for the development of land in the aerodrome environs.

Authorities entitled to approve town-planning documentation must consider use restrictions of aerodrome environs or changes to it when planning territories, developing town-planning documentation and issuing town-planning conditions and restrictions.

For more information, please contact Asters` Counsel Anzhelika Livitska and Associate Victoria Kurus.

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