On 2 June 2015, the President of Ukraine signed Law of Ukraine № 497-VIII On Amendments to Ukrainian Legislation Related to Composition, Contents and Approval of Land Planning Documentation (the "Law") effective 27 June 2015. We note that the Law passed first reading back in 2013.
The Law (i) unifies land planning documentation and sets its types, composition and contents, (ii) addresses the matter of different titles used for the same land planning documentation in various laws and regulations, and has reduced the number of references to such laws and regulations, and (iii) sets the procedure for approval of land planning documentation and the list of entities having the authority to approve such documentation.
List, composition and contents of land planning documentation
The Law provides that land planning documentation shall be developed, depending on the purpose of such documentation, the land category and other criteria dictating choice, in the form of a:
- work project; or
- technical documentation.
The Law limits the types of land planning documentation to 15 and provides a description of the composition and content of each such document. By contrast, previous version of the Law expressly provided that other types of land planning documentation may be envisaged by other laws and regulations of Ukraine.
In addition to the unification of land planning documentation in one law, the Law generally revises the types of such documentation. It abolishes certain types of land planning documentation, such as a land planning project for establishment of new, or proper formalization of existing, landholdings or land use, special thematic maps, and land condition and land use atlases, and makes other amendments.
The unified list in the Law addresses the matter of different titles used for the same land planning documents in various land laws and regulations.
Authorization and approval of land planning documentation
The Law sets the procedure for authorization and approval of land planning documentation, and sets a limited list of entities having the power to authorize or approve any such documentation depending on its type, the form of land ownership, the category and location of land, and other criteria.
In the past a statutory procedure and list of state authorities having the power to approve land planning documentation existed in respect of land planning projects for land allocation only.
The absence of a unified procedure for approval of land planning documentation in the past resulted in varying requirements and approaches from region to region being applied by government or local authorities at their discretion. This practice hindered transparency and elimination of corruption in land matters.
The amendments made by the Law are designed to unify the list, contents, and composition of land planning documentation, to improve transparency in land matters, and to make the relevant legislation more convenient to use.