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Ukraine further simplifies procedure for changing land-plot designations for energy and industrial construction

Ukraine
05/03/2024
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On 6 February 2024, the Ukrainian parliament passed Law No. 3563-IX “On Amendments to Certain Legislative Acts of Ukraine to Engage Investments for the Purpose of Quick Rebuilding of Ukraine”. On 26 February 2024, the President of Ukraine signed this draft legislation into law.

This law builds upon previous legislative initiatives aimed at simplifying procedures related to changing the designated purpose of land. In 2022, parliament streamlined the process for changing the designated purpose of lands for relocated enterprises, river ports and critical infrastructure.

By enacting Law No. 3563-IX, Ukrainian legislators expand the list of cases allowing a developer to leverage the simplified procedure for changing the designated purpose of land. Specifically, the law introduces amendments to the Land Code of Ukraine significantly simplifying the process for changing the land plot’s designated purpose for construction of energy and industrial objects.

Within the simplified procedure, it will no longer be necessary to provide urban planning and land management documentation and obtain approvals from the local authorities to change the designated purpose of a land plot to construct an energy object. The grounds for such a change would be the decision of the owner and the conclusion of the relevant authority on urban planning and architecture regarding the construction of the object.

According to the law, the simplified procedure will be applied to the land plots that do not have the approved urban planning documentation and are located outside of settlements. Also, the law states that the simplified procedure can be applied during martial law and within five years after its ending.
The introduction of the simplified procedure should remove the corruption element from changing a land’s designated purpose and should significantly hasten this overall process.

This law will come into force three months after its publication.

For more information on the land issue in Ukraine, contact your CMS advisor or these local CMS experts: Anna Pogrebna and Natalia Kushniruk.

Legislation: Law No. 3563-IX ”On Amendments to Certain Legislative Acts of Ukraine to Engage Investments for the Purpose of Quick Rebuilding of Ukraine” (in UKR)
 

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