The Laws of Ukraine "On Amendments to Certain Laws of Ukraine Regarding Priority Reform Measures in the Field of Town-Planning” No. 2254-IX, dated 12 May 2022 (“Law 2254”) and "On Amendments to Certain Legislative Acts of Ukraine Regarding Regulatory Peculiarities of Land Relations under Martial Law” No. 2247-IX, dated 12 May 2022 (“Law 2247”, hereinafter together with Law 2254 – “Laws”) came into force more than a month ago.
The Laws simplify land and town-planning legislation to create conditions for the placement and construction of structures and buildings to be resided by the persons who lost their homes because of the full-scale war of the Russian federation against Ukraine.
The Laws provide two following types of housing to accommodate the citizens temporarily:
1. temporary structures (“Temporary Structures”) for internally displaced persons, as movable property, which may be placed:
- on land plots of any ownership type and category (except lands for the nature reserve and other environmental use, historical and cultural use, and forestry lands) without changing the designated use
- on land plots of municipal property following the Temporary Structures’ layout developed based on a decision of a local authority or head of military administration of a town
- with no need to obtain construction permits
2. buildings for temporary residence of internally displaced persons, as real estate, for construction of which:
- it is possible to establish/change the designated use of a land plot without observing the rules of the balance between the types of designated use of a plot and the functional purpose of the territory and without the local town-planning documentation
- establishing/changing the designated use of a land plot for the construction requires obtaining a conclusion of a local town-planning and architecture authority (“Conclusion”)
- there is no need to obtain town-planning conditions and restrictions if the Conclusion is in place
Placement and construction of the specified housing types are allowed only on those land plots of municipal property, which are granted to the executive bodies of local councils for permanent use. The transfer of such land plots to private parties on the basis of any other proprietary right is prohibited.
We hope that the changes introduced by the Laws will contribute to the prompt provision of housing to as many citizens as possible who suffered because of the Russian federation’s aggression until damaged and/or destroyed residential real estate objects of such persons are restored.
By Inna Erbelidze, Junior Associate, and Daryna Mykhailenko, Associate, Avellum