Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF UKRAINE

of February 17, 2011 No. 3038-VI

On regulation of town-planning activities

(as amended on 20-09-2019)

This Law establishes legal and organizational basis of town-planning activities and is aimed at providing stable development of the territories taking into account the state, public and private interests.

Section I. General provisions

Article 1. Determination of terms

1. In this Law the terms below are used in the following value:

1) the General scheme of planning of the territory of Ukraine - the town-planning documentation determining conceptual solutions of planning and use of the territory of Ukraine;

2) the master plan of the settlement - the town-planning documentation determining basic solutions of development, planning, building and other use of the territory of the settlement;

3) the detailed plan of the territory - the town-planning documentation determining the planning organization and development of the territory;

4) the customer - the physical person or legal entity which has intention concerning building development (one or several parcels of land) and submitted the corresponding application in the procedure established by the legislation;

5) engineering and transport infrastructure - complex of engineering, transport constructions and communications;

6) lines of regulation of building - the borders of arrangement of buildings and constructions of rather red lines, borders of the separate parcels of land, natural borders and other territories determined in town-planning documentation;

7) town-planning documentation - the approved text and graphical materials concerning regulation of planning, building and other use of the territories;

8) town-planning conditions and restrictions of building of the parcel of land (further - town-planning conditions and restrictions) - the document containing complex of planning and architectural requirements to designing and construction concerning superficiality and the housing density of the parcel of land, space of houses and constructions from red lines, lot lines, its improvement and gardening, other requirements to construction objects established by the legislation and town-planning documentation;

9) the plan of zoning of the territory (zoning) - the town-planning documentation determining conditions and restrictions of use of the territory for the town-planning needs for limits of certain zones;

10) residential suburb - the territory providing space and social and economic development of the city;

11) the project documentation - the approved text and graphical materials which determine town-planning, space-planning, architectural, constructive, technical, technology solutions, and also estimates of construction objects;

12) schemes of planning of the territory at the regional level - planning documentation which is developed in development of the General scheme of planning of the territory of Ukraine and determines basic solutions of development, planning, building, use of the territories of administrative and territorial units and their separate parts;

13) the territory - part of the ground surface with airspace and subsoil located under it in certain limits (borders) which has certain geographical location, the natural and created as a result of activities of people conditions and resources;

14) red lines - the borders determined in town-planning documentation concerning Items of geodetic network of the existing and designed streets, roads, squares, the dividing territories of building and the territory of other assignment.

Article 2. Planning and building of the territories

1. Planning and building of the territories - activities of state bodies, local government bodies, legal entities and physical persons which provide:

1) forecasting of development of the territories;

2) ensuring rational resettlement and determination of the directions of sustainable development of the territories;

3) reasons for distribution of lands on purpose;

4) mutually approval of the state, public and private interests during planning and building of the territories;

5) determination and rational relative positioning of zones of housing and public building, production, recreational, nature protection, improving, historical and cultural and other zones and objects;

6) establishment of the mode of building of the territories in which implementation of town-planning activities is provided;

7) development of the town-planning and project documentation, construction of facilities;

8) reconstruction of the existing building and the territories;

9) preserving, creation and updating of the recreational, nature protection, improving territories and objects, landscapes, woods, parks, squares, separate green plantings;

10) creation and development of engineering and transport infrastructure;

10-1) creation of the free vital circle for persons physically challenged and other handicapped national groups;

11) carrying out monitoring of building;

12) maintaining the town-planning inventory;

13) control in the field of town-planning.

2. The instrument of state regulation of planning of the territories is town-planning documentation which is subdivided into documentation of the state, regional and local levels.

3. Town-planning documentation is developed on paper and electronic media on updated cartographic basis in digital form as sets of profile geospatial data in the state geodetic system of coordinates USK-2000 and single system of classification and the coding of construction objects for forming of databases of the town-planning inventory.

4. Town-planning documentation is subject to strategic ecological assessment according to the procedure, established by the Law of Ukraine "About strategic ecological assessment". The Section "Protection of the Surrounding Environment" developed as a part of the draft of town-planning documentation at the same time is the report on strategic ecological assessment which shall conform to requirements of the Law of Ukraine "About strategic ecological assessment".

Article 3. The legislation in the field of town-planning activities

Features of regulation of town-planning activities in the territories which underwent to radioactive pollution owing to Chernobyl accident within exclusion zone and zone of unconditional (obligatory) settling out of the territory which underwent to radioactive pollution owing to Chernobyl accident are determined by the Law of Ukraine "About legal regime of the territory which underwent to radioactive pollution owing to Chernobyl accident".

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are provided by this Law then are applied rules of the international treaty of Ukraine.

Article 4. Objects and subjects of town-planning

1. Town-planning objects at the state and regional levels is the planning organization of the territory, system of resettlement, system of the interconnected complex placement of the main objects of the industry, transport, engineering and social infrastructure, functional zoning of the territory of Ukraine, its parts (groups of areas), the territories of the Autonomous Republic of Crimea, areas, administrative areas.

Town-planning objects at the local level is the planning organization of the territory of the settlement, its part (group of the parcels of land), with general planning structure, the volume and space decision, engineering and transport infrastructure, complex of construction objects which are determined according to:

in settlements - borders of settlements, their functional zones (selitebny, industrial and so forth), residential districts, residential districts (quarters), residential suburbs according to town-planning documentation at the local level;

outside settlements - borders of residential suburbs, and also functional zones, according to town-planning documentation at the regional level.

Construction objects are houses, buildings, constructions of any assignment, their complexes and parts, linear objects of engineering and transport infrastructure.

Oil and gas wells and objects of their device do not belong to construction objects.

2. Subjects of town-planning are executive bodies, the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, local government bodies, physical persons and legal entities.

Article 5. Obligation of observance of requirements of town-planning documentation

1. Development programs of regions and settlements, programs of economic, social and cultural development, shall be approved with town-planning documentation of appropriate level.

2. Requirements of town-planning documentation are obligatory for accomplishment by all subjects of town-planning.

Section II. Management in the field of town-planning activities

Article 6. The bodies exercising control in the field of town-planning activities, architectural construction supervision and supervision

1. Control in the field of town-planning activities is exercised of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea, Council in the field of town planning, the central executive body realizing state policy concerning the state architectural construction supervision and supervision, bodies of town-planning, other authorized bodies of town-planning and architecture, local public administrations, local government bodies.

2. The bodies determined in article 13 of the Law of Ukraine "About architectural activities" treat authorized bodies of town planning and architecture.

3. Treat bodies of the state architectural construction supervision:

1) structural divisions concerning the state architectural construction supervision of the Kiev and Sevastopol city public administrations;

2) executive bodies concerning the state architectural construction supervision of village, settlement, city councils.

Body of the state architectural construction supervision and supervision is the central executive body realizing state policy concerning the state architectural construction supervision and supervision.

The approximate regulations on bodies of the state architectural construction supervision affirm the Cabinet of Ministers of Ukraine.

Article 7. Content of management in the field of town-planning activities, the state architectural construction supervision and supervision

1. Management in the field of town-planning activities and architectural construction supervision is performed in the way:

1) planning of the territories at the regional and local levels;

2) monitoring of condition of development and implementation of town-planning documentation at all levels;

3) determinations of state interests for their accounting in case of development of town-planning documentation;

4) carrying out licensing and professional certification;

5) developments and approvals of construction regulations, state standards and rules, introductions of simultaneous action of the international codes and standards;

6) control of compliance with law in the field of town-planning activities, requirements of construction regulations, state standards and rules, provisions of town-planning documentation of all levels, basic data for designing of objects of town planning (further - basic data), the project documentation;

7) provision (obtaining, registration), refusal in issue or cancellation (cancellation) of the documents granting the right to accomplishment of preparatory and construction works, acceptance in operation finished with construction of facilities:

executive bodies concerning the state architectural construction supervision of village, settlement, city councils (except city councils of settlements which are the administrative centers of areas and city councils of settlements with population more than 50 thousand) - concerning objects which on class of effects (responsibility) belong to objects with insignificant effects (CC 1), located within the respective settlements;

executive bodies concerning the state architectural construction supervision of city councils of settlements which are the administrative centers of areas, city councils of settlements with population more than 50 thousand, structural divisions concerning the state architectural construction supervision of the Kiev and Sevastopol city public administrations - concerning objects which on class of effects (responsibility) belong to objects with insignificant (CC 1) and averages (CC 2) effects, located within the respective settlements;

the central executive body realizing state policy concerning the state architectural construction supervision and supervision through the chief inspectors of construction supervision - concerning objects which on class of effects (responsibility) belong to objects with insignificant (CC 1) averages (CC 2) and considerable (CC 3) effects, located outside settlements and in the territory of several administrative and territorial units, concerning objects which on class of effects (responsibility) belong to objects with average effects (CC 2) located within villages, settlements and the cities (except the cities which are the administrative centers of areas, the cities with population more than 50 thousand, the cities of Kiev and Sevastopol), and also concerning all objects, which on class of effects (responsibility) belong to objects with considerable effects (CC 3), located within settlements;

8) implementation of the state architectural construction supervision concerning the objects located in limits and outside settlements, in the territory of several administrative and territorial units specified in Item 7 parts one of this Article.

2. If village, settlement, city councils did not form executive bodies concerning the state architectural construction supervision, powers of such bodies are carried out by the central executive body realizing state policy concerning the state architectural construction supervision and supervision through the corresponding chief inspectors of construction supervision.

3. It is excluded.

4. Heads of structural divisions concerning the state architectural construction supervision of the Kiev and Sevastopol city public administrations, executive bodies of village, settlement, city councils are appointed to positions and dismissed according to the procedure, established by the law. Such heads shall meet the qualification requirements established by the legislation of Ukraine. Within three days after assignment of the head of the structural unit concerning the state architectural construction supervision the Kiev and Sevastopol city public administrations and executive bodies of village, settlement, city councils shall inform on it the central executive body realizing state policy concerning the state architectural construction supervision and supervision.

5. Structural divisions concerning the state architectural construction supervision of the Kiev and Sevastopol city public administrations and executive bodies concerning the state architectural construction supervision of village, settlement, city councils within the state powers delegated by this Law are under control to the central executive body realizing state policy concerning the state architectural construction supervision and supervision, and their decisions can be considered according to the procedure of the state architectural and construction supervision or are appealed in court.

6. The bodies exercising control in the field of town-planning activities, architectural construction supervision and supervision are forbidden to demand from the building owner of provision of any services, tangible or intangible assets, including implementation of construction of facilities.

Article 8. Organization of planning and building of the territories

1. Planning of the territories is performed at the state, regional and local levels by relevant organs of the executive authority, the Supreme Council of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea and local government bodies.

2. Planning and building of the parcels of land is performed by their owners or users in the procedure established by the legislation.

3. Decisions concerning planning and building of the territories are accepted by village, settlement, city councils and their executive bodies, regional, regional councils, the Kiev and Sevastopol city public administrations within the powers determined by the law taking into account requirements of town-planning documentation.

Article 9. Normative regulation of planning and building of the territories

1. Normative regulation of planning and building of the territories is performed by adoption of regulatory legal acts, rules, the state and industry construction regulations, national (state) standards, codes of past practice.

2. The central executive body providing forming and realizing state policy in the field of construction, town-planning and architecture provides development, approval, review, modification and cancellation of the state construction regulations to the sphere.

Section III. Planning of the territories

Article 10. Financing of works on planning of the territories

1. Financing of works on planning of the territories at the national level, development of regulating documents concerning planning and building of the territories, to carrying out priority research works is performed at the expense of means of the Government budget of Ukraine.

2. Financing of works on planning of the territory of the Autonomous Republic of Crimea, areas, areas, settlements, areas in the cities, quarters carrying out town-planning monitoring, is performed at the expense of means of the corresponding local budgets or other sources which are not prohibited by the law.

3. Financing of works on development of the necessary project documentation, to planning and building of the separate parcels of land on which their owners or users intend to perform construction is performed at the expense of means of such persons or other sources which are not prohibited by the law.

4. According to the decision of executive body or local government body for plan development of zoning, the detailed plan of the territory, except means state and local budgets funds from other sources which are not prohibited by the law on condition of accomplishment of functions of the customer by relevant organ of local self-government can be raised.

Article 11. Planning of the territories at the national level

1. Planning of the territories at the national level is performed by development according to the law of the General scheme of planning of the territory of Ukraine, schemes of planning of separate parts of the territory of Ukraine, and also modification of them.

2. Town-planning documentation at the national level is subject to examination and strategic ecological assessment.

Article 12. Development and approval of schemes of planning of separate parts of the territory of Ukraine

1. According to the decision of the Cabinet of Ministers of Ukraine schemes of planning of separate parts of the territory of Ukraine are developed: several areas, the coast of the Black and Azov seas, the mountain territories of the Carpathians, the territories which underwent radioactive pollution as a result of Chernobyl accident, and other territories with the raised development pressure or risk of emergence of emergency situations.

2. Customers of schemes of planning of separate parts of the territory of Ukraine is the Verkhovna Rada of the Autonomous Republic of Crimea, the relevant regional councils.

3. Schemes of planning of separate parts of the territory of Ukraine affirm the decision of customers of such schemes.

4. The structure, content, procedure for development of schemes of planning of separate parts of the territory of Ukraine are determined by the central executive body providing forming of state policy in the field of town-planning.

Article 13. Planning of the territories at the regional level

1. Planning of the territories at the regional level is performed by development of schemes of planning of the territory of the Autonomous Republic of Crimea, areas and areas.

2. According to the decision of Council of Ministers of the Autonomous Republic of Crimea, regional (district) public administrations schemes of planning of separate parts of the Autonomous Republic of Crimea, areas (areas) can be developed.

Article 14. Development and approval of schemes of planning of the territory of the Autonomous Republic of Crimea, areas and areas

1. The decision on development of schemes of planning of the territory of the Autonomous Republic of Crimea, areas, areas or on modification of them or their separate Sections is accepted by the Verkhovna Rada of the Autonomous Republic of Crimea, the relevant regional or regional council.

2. The organization of development, and modification of schemes of planning of the territory of the Autonomous Republic of Crimea, areas and areas is performed respectively by Council of Ministers of the Autonomous Republic of Crimea, regional and district public administrations.

3. Customer of schemes of planning of the territory of the Autonomous Republic of Crimea, areas and areas is the Verkhovna Rada of the Autonomous Republic of Crimea, the relevant regional and regional councils.

4. Schemes of planning of the territory of the Autonomous Republic of Crimea, areas and areas affirm the decision of the relevant councils during the implementing of strategic ecological assessment and condition of receipt of the positive conclusion of state examination.

5. The structure, content, procedure for development of town-planning documentation at the regional level are determined by the central executive body providing forming of state policy in the field of town-planning.

Article 15. Implementation of schemes of planning of the territory of the Autonomous Republic of Crimea, areas and areas

1. Implementation of schemes of planning of the territory of the Autonomous Republic of Crimea, areas and areas is performed by development, approval and accomplishment of appropriate programs of economic and social development.

2. The Council of Ministers of the Autonomous Republic of Crimea, regional and district public administrations provide carrying out monitoring of implementation of schemes of planning of the territory of the Autonomous Republic of Crimea, areas and areas.

3. In case of change of socio-economic indexes on the basis of which schemes of planning of the territory of the Autonomous Republic of Crimea, areas, the area are developed or emergence of need for placement of objects of the state, regional value the Verkhovna Rada of the Autonomous Republic of Crimea, regional or regional council make the decision on development or on modification of the scheme of planning of the corresponding territory.

Article 16. Planning of the territories at the local level

1. Planning of the territories at the local level is performed by development and approval of master plans of settlements, plans of zoning of the territories and detailed plans of the territory their updating and modification of them.

Town-planning documentation at the local level is developed taking into account data of the state land cadastre on the staticized cartographic basis in digital form as spatially the oriented information in the state system of coordinates on paper and electronic media.

The procedure for exchange of information between town-planning and state land inventories is established by the Cabinet of Ministers of Ukraine.

2. Town-planning documentation at the local level can be updated according to the decision of local councils.

Updating of town-planning documentation provides:

1) updating of kartografo-geodetic basis;

2) transferring from papers to vector digital form;

3) reduction of town-planning documentation in compliance with requirements of the legislation in the field of town-planning activities, construction regulations, state standards and rules.

3. The structure, content, procedure for development and updating of town-planning documentation, at the local level are determined by the central executive body providing forming of state policy in the field of town-planning.

4. Approval of updated town-planning documentation at the local level is performed according to Articles 17, 18 and 19 these Laws.

Article 17. Master plan of the settlement

1. The master plan of the settlement is main type of the town-planning documentation at the local level intended for reasons for long-term strategy of planning and building development of the settlement.

Based on the approved master plan of the settlement the plan of the land and economic device which after its approval becomes integral part of the master plan is developed.

The sequence of performance of works is determined by development of the master plan of the settlement and documentation on land management by construction regulations, state standards and rules and task for development (modification, updating) of town-planning documentation which is constituted and affirms her customer in coordination with developer.

As a part of the master plan of the settlement the plan of zoning of the territory of this settlement can be developed. The plan of zoning of the territory can be developed and as separate town-planning documentation after approval of the master plan.

2. The master plan of the settlement is developed and affirms as interests of the relevant territorial society taking into account the state, public and private interests.

For settlements with population to 50 thousand people master plans can be combined with detailed plans of all territory of such settlements.

3. For the settlements entered in the List of the historical inhabited places of Ukraine within certain historical areas as a part of the master plan of the settlement management regimes of building are determined and the historical and architectural basic plan in which information on objects of cultural heritage is specified is developed.

4. The structure, content and procedure for development of the historical and architectural basic plan of the settlement, are determined by the central executive body providing forming of state policy in the field of town-planning.

5. Executive bodies of village, settlement and city councils, the Kiev and Sevastopol city public administrations are customers, organize development, modification and provision of the master plan of the settlement for consideration of the relevant village, settlement, city council.

6. The decision on development of the master plan is made by the relevant village, settlement, city council.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.