NEW PROCEDURE FOR DETERMINING PROTECTION ZONES OF CULTURAL HERITAGE SITES: WHAT CHANGES FOR BUSINESS

On 11 June 2026, Resolution No.740 of the Ukrainian Government dated 20 May 2026 entered into force, approving the Procedure for determining the boundaries and use restrictions of protection zones for cultural heritage sites, historical and cultural reserves and protected historical and cultural territories, as well as for developing and approving, and determining the composition and content of scientific and design (research) documentation on such boundaries and use restrictions, and amending such documentation (“Procedure”). The Procedure introduces an individual approach to determining the boundaries and use restrictions of protection zones, replacing the single statutory boundary that previously applied where approved boundaries were absent.

Key provisions of the Procedure:

• where the boundaries of protection zones had not been approved, a statutory boundary of 100 metres around the relevant heritage site previously applied. Under the Procedure, the boundaries and use restrictions of protection zones are determined separately for each heritage site, reserve or protected territory based on scientific and design documentation, considering the specific features of the relevant site and its historical environment
• the Procedure distinguishes between a protection zone, a development regulation zone, a protected landscape zone and an archaeological cultural layer protection zone, each of which is subject to its own land-use restrictions
• within a development regulation zone, the scientific and design documentation determines, among other things, the maximum building height, permitted building dimensions and conditions for new construction. These parameters are determined based on scientific justification for the specific territory and are not set directly by the Procedure
• the development of scientific and design documentation may be initiated not only by cultural heritage protection authorities and reserve administrations, but also by heritage site owners, landowners, land users and owners of buildings located within the relevant territory
• scientific and design documentation for heritage sites of national significance is approved by the Ministry of Culture, while documentation for heritage sites of local significance is approved by the relevant cultural heritage protection authorities within their respective powers
• the Procedure establishes time limits for reviewing the documentation: most approval and endorsement procedures must be completed within 30 calendar days
• once the documentation is approved, information on the boundaries of protection zones must be entered into the State Land Cadastre and the Urban Planning Cadastre

Accordingly, the status of such restrictions is of particular importance at the stage of planning, structuring and implementing construction projects near cultural heritage sites. The same considerations remain relevant when structuring transactions involving the relevant land plots and real estate located thereon, and should be verified as part of legal due diligence on real estate more broadly.

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.