The President of Ukraine has signed the Draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Use of Land Plots for the Development of Digital Infrastructure" (registration no. 9549 of 1 August 2023) (Draft Law), which introduces important changes regarding the determination of the functional zoning of territories.
The transitional period introduced by the 2021 spatial planning
reform ended on 1 January 2025. During this period, local authorities were permitted to amend urban planning documentation without complying with the new requirements for its composition and content. They were also obliged to develop Comprehensive Spatial Development Plans (CSDPs) – the primary urban planning documents intended to form the basis for developing lower-level urban planning documentation.
The most significant feature of the transitional period was the ability to establish or alter the functional zoning of a territory via a Detailed Plan of the Territory (DPT), even if the settlement's master plan stipulated a different functional zone.
For objective reasons, particularly due to martial law, most local authorities were unable to develop CSDPs or update existing urban planning documentation by 2025. This has, firstly, prevented the ability to determine functional zoning and the designated use of land plots in areas lacking such documentation. Secondly, it has made it impossible, in the short term, to bring existing documentation into compliance with legislative requirements. This, in turn, has precluded the possibility of establishing or changing the functional zoning of territories and the designated use of land plots through DPTs.
To address this issue, several legislative attempts were made to extend the transitional period. One of these was the Draft Law.
The Draft Law, among other things, establishes an additional transitional period until 1 January 2028, during which:
- The ability to establish or change functional zoning through DPT (on land where no CSDPs have been approved) is reinstated;
- Urban planning documentation approved before 2021 may be amended without the need to comply with new legislative requirements, subject to certain restrictions;
- Urban planning documentation whose development commenced before 2021 may be completed under the old rules;
- Local authorities must, by the end of the transitional period, submit to the State Land Cadastre (SLC) data on functional zones, heritage site boundaries, historical areas, protection zones, construction limitations, etc.
As known, in addition to Draft Law No. 9549, similar provisions were also contained in:
- Draft Law No. 1347, which was adopted in principle by the Verkhovna Rada of Ukraine and is being prepared for a second reading (governs the approval of spatial planning schemes while also extending the transitional period), and
- Draft Law No. 12283, which was adopted in principle by the Verkhovna Rada of Ukraine and is being prepared for a second reading. It extends deadlines for the period of martial law and for three years following its termination or cancellation.
Given that the President of Ukraine has signed Draft Law № 9549, it is expected that the issue of the transitional period for updating urban planning documentation is resolved until 2028, and other pending legislative initiatives on this matter are no longer relevant.