Reconstruction Digest:
Ukraine

СONTENTS

I. CONSTRUCTION

II. INVESTMENTS AND STATE INCENTIVES

III. PUBLIC-PRIVATE PARTNERSHIP, PRIVATISATION, INFRASTRUCTURE

IV. PRIVATISATION

V. RECOVERY AND DAMAGE COMPENSATION 

I. CONSTRUCTION

Government facilitates private investment in the construction of protected infrastructure for defence industry enterprises

On 22 October 2026, the Cabinet of Ministers of Ukraine ("CMU") adopted amendments to Resolution No. 1494 dated 19 November 2025, which give private capital access to a simplified mechanism for constructing protected production facilities for defence-industrial complex (DIC) enterprises and for obtaining the required permits.

Key changes

  • Not only DIC enterprises but also private investors and developers may now act as an employer for protected production facilities, financing construction with their own or borrowed funds.
  • Completed facilities or parts thereof may be transferred to DIC enterprises into ownership, under lease or use.
  • Where only part of a facility is transferred its area must constitute at least 25% of the total area and must be suitable for locating, relocating or expanding production capacities.
  • Financing terms, construction timelines and the procedure for transferring facilities are governed by an agreement between the investor and the DIC enterprise, concluded before construction works begin. The minimum lease or other fixed-term use period is one year, with the DIC enterprise entitled to request an extension until the end of martial law.

Important

The mechanism is available for projects involving Defence City residents, government contractors and enterprises designated by the Ministry of Defence as critically important to the defence-industrial complex (DIC). The draft agreement and the investor's documents are reviewed for compliance with the applicable requirements within five business days.


What this means for business

The amendments provide private investors with access to a simplified construction procedure and the necessary permits for developing protected production infrastructure.

For more details on the new mechanism for private investment in protected production infrastructure for DIC enterprises, please see the IMPACTA LAW legal update

Simplified procedure introduced for the installation of reinforced shelters based on mobile structures

On 21 October 2026, CMU Resolution No. 1286 dated 15 October 2026 entered into force, introducing a pilot project for the simplified installation of reinforced shelters based on ready-made primary (mobile) structures. Participants in the project may include, among others, legal entities and individual entrepreneurs.

The shelter must be based on a ready-made mobile shelter that complies with the Technical Regulation on Civil Protection Equipment (CMU Resolution No. 535 dated 26 May 2023). Its protective properties are enhanced, in particular, by partial or full burial, earth embankment, gabion cladding, installation of concrete blocks or construction of a monolithic reinforced concrete roof slab.

Such shelters are not deemed construction facilities or immovable property; therefore, under the pilot project, their installation does not require:

  • development of construction design documentation or land management documentation;
  • obtaining urban planning conditions and restrictions;
  • obtaining permits for the performance of construction works.

At the same time, the following remain mandatory:

  • approval of the shelter’s location by the local self-government body and notification of the regional (Kyiv City) military administration;
  • compliance with the established technical requirements;
  • inspection of the completed works by authorised representatives and execution of the relevant inspection report.

Thereafter, the shelter is registered in the civil protection protective structures fund as a primary mobile shelter.

Duration of the pilot project: for the period of martial law, but no longer than two years from the date the resolution entered into force (i.e. until 21 October 2028). 

What this means for business
Businesses can provide shelters for personnel significantly faster, without a lengthy permitting procedure, which is particularly relevant in light of the new requirements for business operations during air raid alerts.

Government prepares amendments to business operations during air raid alerts and shelter requirements

On 29 October 2026, the Government announced that it was preparing amendments to CMU Resolution No. 1092 dated 4 September 2026, which introduces a distinction between air raid alerts based on threat levels - red and yellow - and establishes specific rules for the operation of businesses, educational institutions and transport services depending on the level of danger.

In particular, the proposed changes include extending the transitional period for setting up shelters from 4 December 2026 to 4 March 2027, introducing more flexible requirements depending on the number of employees and visitors, and allowing the use of mobile and shared shelters.

Procedure for the development and approval of construction design documentation updated

On 28 August 2026, Order of the Ministry for Development No. 1345 entered into force, amending the Procedure for the Development of Design Documentation for the Construction of Facilities, approved by Order No. 45 dated 16 May 2011.

Key changes:

  • The construction client is responsible for the accuracy of the initial documents provided to the designer.
  • The design brief is prepared in electronic form using a qualified electronic signature (QES), save for the exceptions provided for.
  • Design documentation is approved via the Construction Activity Register.
  • The grounds for amending design documentation and for conducting a repeat expert review have been clarified.
  • Additional requirements for cost estimate documentation have been introduced for state-funded projects.

The requirements for naming civil protection structures have also been clarified. A change of construction client during construction does not require amendments to the design documentation.

Automatic verification of urban planning documentation via the Urban Planning Cadastre introduced in the USESC

In July 2026, the Ministry for Development announced the implementation of a new mechanism for issuing urban planning conditions and restrictions ("UPCR") in the Unified State Electronic System in the Construction Sector ("USESC"), pursuant to CMU Resolution No.909 dated 9 August 2024 on the pilot project for the introduction of the Urban Planning Cadastre at the State Level ("UPC").

What has changed

The UPC has now become the primary source of information on urban planning documentation when UPCR are prepared:

  • the USESC automatically retrieves from the UPC the list of urban planning documentation in force for the relevant territory;
  • authorised bodies use this information without having to re-enter it;
  • the system automatically verifies whether a master plan, zoning plan or detailed territorial plan in force is available in the UPC.

Key point: blocking of UPCR issuance

If urban planning documentation in force for the territory is missing from the UPC, or its status is undetermined, the system will not allow the UPCR issuance procedure to be completed until the relevant information has been entered.

What this means for construction clients and developers

Before applying for UPCR, it is advisable to check whether up-to-date documentation for the relevant land plot has been uploaded to the UPC, as its absence may prevent UPCR from being obtained and delay the preparation of construction projects.

Construction Products Codifier launched in the USESC

On 23 July 2026, the Ministry for Development announced the launch of a full version of the Construction Products Codifier within the USESC. The Codifier is a digital reference tool for the unified identification of construction materials, products and resources. It was approved by Order of the Ministry for Development No. 1839 dated 24 December 2025, pursuant to CMU Resolution No. 1512 dated 19 November 2025, which introduced a new approach to determining construction costs under martial law.

Each item is assigned a code that identifies the product type and its key technical characteristics. This allows construction materials to be described consistently in cost estimates, price lists and price quotations, and enables price comparisons for products with identical characteristics.

The Codifier is linked to the development of the Construction Price Database and is to be used, in particular, for analysing the cost of projects financed from public and donor funds.

The Codifier is currently being populated and updated, and the Ministry invites manufacturers, suppliers and importers to submit information on their products. Going forward, the Codifier code is expected to become mandatory for price-forming construction materials whose data is entered into the Price Database; the timing and scope of this requirement are to be determined separately.

Procedure for connection to water supply and sewerage networks clarified and digitalised

On 15 July 2026, the CMU adopted Resolution No. 950, amending the Procedure for Connection to Centralised Water Supply and/or Centralised Sewerage Networks, approved by CMU Resolution No. 1066 dated 1 September 2025. The amendments form part of the implementation of the Ukraine Plan under the Ukraine Facility regarding the introduction of a unified approach to connecting facilities to external utility networks.

Previously, neither the list of documents to be attached to the application nor the electronic procedure via the USESC was regulated in detail. 

List of documents

The Resolution approves the forms of the connection application and the questionnaire and establishes an exhaustive list of documents to be attached to the application, depending on the facility:

  • a questionnaire;
  • documents confirming ownership or use rights to the facility and/or land plot, if the relevant information is not available in state registers;
  • a special water use permit, where obtaining one is mandatory;
  • a special subsoil use permit, in cases provided for by law and if information on it is not available in the relevant state register;
  • previously obtained technical conditions, if they were issued for the relevant connection.

Electronic procedure via the USESC

The customer may choose between paper and electronic document flow. In electronic form, the application may be sent to the service provider’s email address and, once the USESC has been upgraded, submitted, amended or withdrawn via the system, where the customer can also track its status, conclude the connection agreement and sign the certificate of completion of works. If the customer submits documents in paper form or by email, the service provider must enter the application, and subsequently the agreement and the certificate, into the USESC itself. The software upgrade must be completed within 12 months.

Clear deadlines have also been established: within 10 business days, the service provider reviews the application and either returns it with a specific list of deficiencies or provides a draft agreement together with the technical conditions. The customer has 20 business days to sign the agreement.

Building owners:

updated rules on telecom providers’ access to building infrastructure

On 1 July 2026, by Resolution No. 864, the CMU updated the rules under which electronic communications providers obtain access to building infrastructure elements to install and maintain their networks and equipment.

Among other things, the Resolution clarifies the procedure for obtaining technical conditions, the transfer of rights and obligations under an access agreement in the event of a change of ownership of the facility, and the determination of fees for the use of infrastructure.

What this means for business

Property owners and managers should review their existing agreements with internet and other telecom providers for compliance with the updated rules, in particular as regards fees for the use of infrastructure and the transfer of rights and obligations upon the sale of the property.

Draft amendments to the State Building Codes for residential buildings published: lifts to shelters, accessibility and noise protection

On 23 September 2026, the Ministry for Development of Communities and Territories of Ukraine (the "Ministry for Development") published for public consultation the first draft of Amendment No. 2 to State Building Codes DBN V.2.2-15:2019 "Residential Buildings. Basic Provisions".

The draft provides for updated requirements, in particular regarding:

  • accessibility and barrier-free design:
    clarification of requirements for lifts, entrances and common areas, and ensuring accessibility for persons with reduced mobility;
  • fire safety and shelters:
    revision of certain requirements for evacuation routes and fire protection solutions, as well as for connecting lifts to shelters and underground car parks;
  • noise and vibration protection:
    supplementing the codes with provisions on the protection of residential premises;
  • engineering infrastructure:
    clarification of requirements for in-building electronic communications and certain technical solutions.

Public consultation on the first draft ran until early October 2026. As of now, Amendment No. 2 has not been approved, and DBN V.2.2-15:2019 remains in force in its current version.

What this means for developers and designers
Projects currently under development must comply with the current version of the DBN. At the same time, it is advisable to monitor further drafts of the amendments, as these provisions may affect space-planning solutions for future projects.

II. INVESTMENTS AND STATE INCENTIVES

Verkhovna Rada adopts Law No. 4961-IX on improving the functioning of industrial parks

    On 2 September 2026, the Verkhovna Rada of Ukraine adopted Law of Ukraine No. 4961-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of the Functioning of Industrial Parks". The Law has partially entered into force, while most of its provisions will enter into force on 26 December 2026.

    The key changes provide for:

    • a clearer delineation of the powers and functions of the industrial park initiator, the management company, participants and other industrial park entities;
    • the possibility for the industrial park initiator to act concurrently as its management company without engaging a separate legal entity;
    • the removal of the 1,000-hectare cap on the maximum area of an industrial park;
    • the introduction of a new land use category: industrial park land;
    • an expanded list of activities that industrial park participants may carry out, including in-house electricity generation;
    • the possibility of placing energy storage facilities and other alternative energy facilities within industrial parks;
    • the introduction of the concept of an “eco-industrial park”;
    • the possibility of placing training centres, catering establishments and other ancillary infrastructure necessary for the park’s operation within industrial parks;
    • improved procedures for changing an industrial park’s area, transferring ownership of land plots, and including an industrial park in or excluding it from the Register of Industrial Parks;
    • access for industrial park management companies to the state programme "Affordable Loans 5-7-9%", as well as improvements to other state incentive mechanisms, in particular the transfer of international technical assistance from local self-government bodies to industrial parks.

    The Law also introduces requirements for separate accounting of different types of activities of industrial park entities, sets out the procedure for compensating costs related to the performance of special obligations, and establishes requirements for the transparency of financial relations and the disclosure of information on the use of public funds. In particular, the adopted legislative amendments introduce a more flexible framework for the establishment and management of industrial parks, while streamlining procedures relating to their territories and land plots for investors.

    What this means for business
    For investors, the amendments mean a more flexible model for establishing and managing industrial parks, the ability to implement larger-scale projects without area restrictions, simplified procedures relating to park territory and land plots, and broader opportunities for in-house power generation, which is particularly relevant given the risks to the energy system.


    Spain increases financing for investment projects in Ukraine

    On 16 July 2026, Ukraine and Spain agreed on a EUR 570 million package of financial and insurance support for recovery projects.

    The package includes:

    • EUR 250 million – risk cover limit of the Spanish export credit agency CESCE;
    • EUR 100 million – a COFIDES credit line for private investment projects;
    • up to EUR 200 million from the FIEM fund (loans and grants);
    • EUR 20 million – an ICO credit line via Raiffeisen Bank for Ukrainian businesses working with Spanish partners.

    The instruments are primarily aimed at projects involving Spanish companies.

    III.  PUBLIC-PRIVATE PARTNERSHIP, PRIVATISATION, INFRASTRUCTURE

    Government details the preparation of PPP projects and the competitive selection of private partners

    In August–September 2026, the CMU adopted two resolutions aimed at implementing the Law of Ukraine “On Public-Private Partnership” ("PPP").

    (i) Preparation and evaluation of PPP projects – CMU Resolution No. 1051 dated 13 August 2026

    The main provisions of the Resolution entered into force on 27 August 2026. The document establishes the procedure for analysing concept notes and assessing the efficiency of PPP projects.

    For projects worth less than EUR 5.538 million, a simplified preparation procedure is provided without the mandatory development of a separate feasibility study. Projects of higher value require a feasibility study, and where the value exceeds EUR 10 million, the engagement of a transaction adviser is mandatory.

    (ii) Competitive selection of private partners – CMU Resolution No.1204 dated 30 September 2026

    The Resolution entered into force on 2 October 2026 and sets out the procedure for conducting open tenders, restricted tenders and competitive dialogue to select a private partner.

    In particular, it regulates preliminary consultations with potential investors, ensuring equal access to information for participants, and requirements for tender documentation.

    The new rules specify the procedures for preparing PPP projects and engaging private investors in their implementation.

    For more details on the new rules for PPP project preparation and private partner selection, please see the IMPACTA LAW legal update 

    The government has approved the procedure for grant funding of PPP projects and concessions

    On 4 November 2026, the Agency for Public-Private Partnership Support published information on the Cabinet of Ministers of Ukraine's approval of the Procedure for Attracting, Using and Monitoring Grants for the Implementation of Public-Private Partnership (PPP) and Concession Projects.

    The Procedure provides for the possibility of partially financing projects or individual project components through donor grants. Grants may be provided in monetary form or through direct payment by donors for goods, works or services necessary for project implementation.

    During project preparation, the impact of grant financing on the project's financial performance is to be assessed, including by comparing scenarios with and without grant support. 

    The text of the relevant Procedure has not yet been officially published.

    Government approves new procedure for returning PPP andconcessionassets

    On 4 November 2026, the Cabinet of Ministers of Ukraine adopted Resolution No. 1368, approving a new Procedure for Returning PPP and Concession Assets to the Public Partner (Concession Grantor).

    Unless otherwise provided by the agreement, the procedure for returning an asset must begin no later than two years before the end of the PPP or concession term. It includes the release of encumbrances, inspection of the asset's technical condition, an inventory of assets and liabilities, preparation of an inspection report and execution of a handover certificate.

    The Procedure also regulates the return of assets in the event of early termination of the agreement, including the preparation of an asset transfer plan and reimbursement of the private partner's economically justified investments.

    The Resolution will enter into force on the date of its official publication.

    IV.  PRIVATISATION

    SPFU continues large-scale privatisation and sale of sanctioned assets

    In October 2026, the State Property Fund of Ukraine (“SPFU”) planned to hold four auctions via the Prozorro.Sale system for the sale of state-owned enterprises and sanctioned assets, with a total starting value exceeding UAH 7.5 billion.

    The following assets were put up for sale:

    • 13 October – JSC Sumykhimprom, with a starting price of approximately UAH 1 billion;
    • 19 October – JSC Odesa Port Plant, with a starting price of UAH 4.3 billion;
    • 20 October – LLC Demurinsky Mining and Processing Plant, with a starting price of UAH 1.82 billion;
    • 20 October – LLC Motordetal-Konotop, with a starting price of UAH 415.5 million.

    All four auctions were declared failed due to the absence of bids from potential buyers.

    At the same time, the SPFU has already announced repeat auctions for the sale of Demurinsky Mining and Processing Plant and Motordetal-Konotop, scheduled for 19 November 2026. The starting prices have been reduced by 50%, to UAH 912.29 million and UAH 207.75 million respectively.

    In addition, the SPFU continues preparations for the privatisation of other large assets, in particular Mykolaiv Alumina Plant and the Ocean Plaza shopping and entertainment centre in Kyiv. The specific dates and terms of the respective auctions are yet to be determined.

    What this means for business

    The repeat auctions on 19 November, with starting prices reduced by 50%, may be of interest to investors considering the acquisition of industrial assets.

    SPFU updates the lists of small-scale privatisation objects

    During August–October 2026, the State Property Fund of Ukraine ("SPFU") repeatedly amended the lists of small-scale privatisation objects subject to privatisation. In particular, the relevant amendments were approved by SPFU Orders No. 1666 dated 10 August 2026, No. 1936 dated 22 September 2026, No. 2077 dated 8 October 2026 and No. 2138 dated 16 October 2026.

    The lists cover, among others, real estate, single property complexes of state-owned enterprises, separate items of state property and unfinished construction facilities, which may be privatised in accordance with the procedure established by law.

    Verkhovna Rada adopts in first reading Draft Law on improving the efficiency of state property privatisation

    On 12 October 2026, the Verkhovna Rada of Ukraine adopted in the first reading (as a basis) Draft Law No. 16011 "On Amendments to Certain Laws of Ukraine Regarding Improving the Efficiency of State Property Privatisation". 

    The initiative aims to improve the preparation of state assets for sale, the financing of privatisation procedures and the institutional capacity of the SPFU. The proposed changes include the creation of a specialised privatisation fund and an increase in the value threshold for large-scale privatisation from UAH 250 million to UAH 1 billion.

    For potential buyers, the changes may affect the classification of privatisation objects and the procedure for preparing transactions. The draft law has not yet been adopted as a whole.

    Gulliver multifunctional complex auction fails due to lack of bids

    On 30 September 2026, Oschadbank announced that the auction for the sale of the Gulliver multifunctional complex via the Prozorro.Sale system, scheduled for 1 October, did not take place due to the absence of bids from potential buyers.

    The complex was put up for sale at a starting price of UAH 9.24 billion, excluding VAT. The asset is jointly owned by Oschadbank (80%) and Ukreximbank (20%).

    What this means for business

    The absence of bids indicates limited demand for large commercial real estate assets at the current price. Security risks are also likely to have played a role. Investors should monitor the terms of a repeat sale.

    V.  RECOVERY AND DAMAGE COMPENSATION 

    Register of Damage opens all claim categories for businesses and thestate

    On 30 September 2026, the Register of Damage for Ukraine (RD4U) completed the opening of all 43 claim categories: 21 for individuals, 11 for legal entities and 11 for the state. Businesses, in particular, may document damage to or loss of assets (C3.1), loss of control over property in temporarily occupied territories (C3.2), relocation costs (C3.3) and other economic losses (C3.4).

    Claims may be submitted by legal entities provided that they meet the rules of the relevant category. The Register accepts and records claims and evidence, but does not itself determine the amount of compensation or pay it out: these matters will fall within the competence of the future international compensation mechanism.

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