Update to controls over the issuance of conditions and restrictions: real impact on construction timelines

The Ministry for Development of Communities and Territories of Ukraine has announced an update to the interaction between the Urban Planning Cadastre at the state level (“Cadastre”) and the Unified State Electronic System in the Sphere of Construction (“Electronic System”), which is scheduled to be introduced this month.

These measures are aimed at implementing the provisions of the Government Resolution “On Certain Issues Relating to the Implementation of the Pilot Project for the Introduction of the Urban Planning Cadastre at the State Level” (“Resolution”) No. 909, dated 9 August 2024.

In accordance with the Resolution, urban planning conditions and restrictions (“Conditions and Restrictions”) may be issued only if the relevant urban planning documentation has been entered into the Register of Urban Planning Documentation of the Cadastre.

Once the new functionality is launched, the Electronic System will automatically verify whether the Register of Urban Planning Documentation of the Cadastre contains valid urban planning documentation for the relevant territory. If the master plan, zoning plan, or detailed territory plan has not been entered into the Cadastre, the Electronic System will not allow the Conditions and Restrictions to be generated.

For developers, this creates an additional factor that may affect project implementation timelines. Obtaining Conditions and Restrictions will depend not only on whether the proposed development complies with the applicable urban planning documentation and whether the submitted documents are complete, but also on whether the relevant municipality has entered valid urban planning documentation into the Cadastre and whether it is correctly reflected in the Register. If the relevant information is missing or outdated, the applicant will effectively depend on how quickly the authorities responsible for maintaining the Cadastre take the necessary action.

Will the absence of urban planning documentation from the Cadastre constitute grounds for refusing to issue the Conditions and Restrictions?

Formally, no, since Article 29 of the Law of Ukraine “On Regulation of Urban Planning Activity” (“Urban Planning Law”) does not list the absence of urban planning documentation in the Cadastre as a separate ground for refusing to grant the Conditions and Restrictions. At the same time, the Resolution makes the issuance of the Conditions and Restrictions directly dependent on the availability of the relevant urban planning documentation in the Cadastre. In practice, therefore, the absence of such documentation may technically prevent the Conditions and Restrictions from being generated, even if no formal ground for refusal exists.

Can a developer upload the relevant urban planning documentation to the Cadastre independently?

No. In accordance with the Resolution, responsibility for uploading urban planning documentation to the Cadastre lies with the customers of such documentation (the executive bodies of village, settlement, and city councils, as well as Kyiv and Sevastopol city state administrations) or other authorised persons involved in preparing the documentation (for example, its authors or experts).

Does this update make the issuance of the Conditions and Restrictions fully automated?

Only partly. Currently, officials of the authorized bodies manually enter information about urban planning documentation into the Electronic System. After the update, the system will automatically generate a list of valid documentation entered into the Cadastre for the relevant territory, and the official will select the necessary information from this list without having to enter it again manually. At the same time, the Electronic System will verify whether such documentation is available in the Cadastre. If it is absent or its status cannot be determined, the Electronic System will technically prevent the Conditions and Restrictions from being generated.

What options are available for a developer?

A developer may, in particular, contact the relevant local authority or military administration to clarify the status of the documentation’s upload, request the correction of a technical discrepancy in the Cadastre, challenge the responsible authority’s inaction or a decision refusing to issue the Conditions and Restrictions where the stated ground is not provided for in Article 29 of the Urban Planning Law, and, if necessary, bring a claim before an administrative court. The effectiveness of these measures will depend on whether the documentation was actually submitted for upload to the Cadastre, which authority is responsible for uploading it, and at what stage the delay occurred.

What should developers do now?

Developers planning to obtain Conditions and Restrictions after the launch of the new functionality should, in advance, verify the status of the urban planning documentation for the project area in the Cadastre. In particular, they should check whether the documentation is available, whether its boundaries are correctly reflected, whether it has valid status and whether there are any conflicting versions of the master plan, zoning plan or detailed territory plan. They should also identify the authority responsible for correcting any deficiencies.

Thus, the update does not change the substantive requirements for obtaining the Conditions and Restrictions, but rather the mechanism for monitoring compliance with those requirements. Accordingly, a project review conducted before an application for the Conditions and Restrictions is submitted should cover not only the project’s substantive compliance with urban planning documentation, but also whether that documentation is properly reflected in the Cadastre.

Additional notes

For further information on the topic please contact managing partner Mykola Stetsenko, senior partner Kostiantyn Likarchuk or managing associate Inna Erbelidze, or by telephone +380 44 591-3355 or via e-mail.