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URBAN PLANNING: 180-DEGREE TURNAROUND

Early this year Ukrainian parliament adopted the law roundly reversing the constant legislative approach to urban planning. Step forward EU law or just a rollback? That is the question.

THREE INSTEAD OF FIVE

On February 08, 2017 the President of Ukraine signed the Law of Ukraine On Amendments to Certain Laws of Ukraine on Improvement of Urban Planning reversing construction classification and amending construction and commissioning permits.

Thus, the Law replaces the terms, particularly cancels development complexity categories applicable before:

- the I – III categories earlier constructed under declarative principle by applying a respective declaration, and

- categories IV – V constructed under a   construction permit and further commission certificate.

Now classification is the following:

- I and II categories are subject to the so-called low consequences (СС1)

- III and IV categories - medium consequences (СС2) and

- V category of difficulties – high consequences (СС3).

The Law also affects dramatically the permits obtaining. Thus to commence СС1 construction you have just to submit a notification while classifications CC2 (mostly covering commercial real property and high- rise residential buildings) and CC3 require a construction permit/certificate. A developer shall also have a license or engage a licensed company as well as arrange project development followed by respective expertise.

The Law will enter into force on June 10, 2017 but has already been criticized for its overregulation by real-estate market players.

 

 

 

 

 

             Vladyslav Kysil,                                   Mykhailo Semka,

                   Partner                                             Associate

            KPD Consulting                                    KPD Consulting

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Vladyslav Kysil (v.kysil@kpdconsulting.com.ua) or Mr. Mykhailo Semka (m.semka@kpdconsulting.com.ua). We will be pleased to assist You.

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