Considering that Ukraine undergoes an active reform of the land and construction sectors, the sphere of town planning is automatically changing.
On 2 and 9 June 2021, the Cabinet of Ministers of Ukraine adopted Resolutions No. 654 "On approval of the classification of restrictions in the use of lands that can be established by a comprehensive plan for the spatial development of a territorial community's territory, a master plan and a detailed plan of the territory" ("Resolution 654") and No. 632 "On the specification of the format of electronic documents for a comprehensive plan for the spatial development of a territorial community's territory, a master plan for a settlement, a detailed plan of the territory" ("Resolution 632").
The Resolutions will enter into force on 24 July 2021, along with the Law "On Amendments to Certain Legislative Acts of Ukraine Concerning Land Use Planning".
With the adoption of the Resolutions, it will be necessary to enter new data on land classification into the new town planning documentation. Moreover, the formats in which this documentation will be developed are written out.
Under Resolution 654, all town planning documentation will have to include data on the following restrictions on land use:
- Class 1 defines the established planning restrictions: areas in red, green, blue, yellow lines and in building regulation lines;
- Class 2 sets limits based on specific regulations. This class includes security, sanitary protection, water protection, coastal protection, coastal, beach zones, distances, and stripes, as well as territories that include land plots necessary for the placement of objects concerning which, under the law, can be carried out compulsory alienation of land plots for reasons of social need.
Additionally, Resolution 632 sets out that all urban planning documentation will be developed as a package of files in the following formats:
- geodatabases, in GDB or GeoJSON formats, which contain a complete set of spatial data and document metadata. The data structure will be determined by the Ministry of Regional Development;
- XML format, which contains a set of information to be entered into the State Land Cadastre;
- PDF format, which contains text, tabular and graphic materials. Requirements for PDF documentation are set separately.
Packages of files in enlisted formats are provided as ZIP archives.
In general, both Resolutions introduce amendments to the requirements for town planning documents, which should positively affect the quality of new documents and the planning of the use of territories in general.
For more information, please contact Asters Counsel Anzhelika Livitska and Senior Associate Bohdan Shmorhun.
