In Ukraine changing rules of construction: what will happen to buyers of apartments

In Ukraine are going to radically rewrite the rules of construction. In the Verkhovna Rada a bill №6403 “On regulation of urban development”, which experts have dubbed “revolutionary.” If it will, to build where and how they got more successful. It is proposed to carry out a thorough analysis of the projects, analyze how they will fit into the urban environment and will not interfere with the residents, writes UBR.

It is unclear how this will affect the architecture of Ukrainian cities, but it is already clear – the cost to developers will rise significantly, and not the fact that they do not want to pass it on to the wallets of ordinary citizens.

That the rules of urban development need to change construction public speaks long time. In fact, it is understood by even far from the market folk. Enough to take to the streets to understand urban development that something is wrong.

“The current legislation does not stipulate what should be the General scheme of planning of territories, there are problems with the coordination of building in the historic part of the city. Ambiguity in the laws and regulations enabling local authorities to develop and approve detailed plans for the territories is different from General schemes of settlements that leads to scandals in the construction of objects”, – stated in the explanatory Memorandum.

The authors propose several radical innovations:

  • to conduct a comprehensive examination of all types of documentation for spatial planning;
  • to introduce a new form of documentation for spatial planning and at the local level plan of the United territorial community;
  • to expand the powers of local authorities in the regulation of building – to introduce local rules;
  • to ensure the access of investors and the public to the documentation for spatial planning through a special State register
  • to develop plans for “red lines” within which construction would be restricted or prohibited;
  • to consider the public interest in the development of documentation for spatial planning.

“Tried to summarize and consider the main changes in the construction, administrative reform, preservation of cultural heritage in recent years. In particular, the proposed terminology provides a sufficiently clear statement on a number of concepts ranging from “documentation spatial planning” and ending with the term “joint interests.”

Important aspects include the structuring of urban planning documentation, the emergence of greater clarity regarding the functions of local and state authorities in matters of urban planning, attempted breeding areas of responsibility, etc.”, said the head of the Agency, the “Euro-Rating” Grigory Pererva.

Managing partner of the attorney Association “Suprema Lex” the advocate Victor frost says that, indeed, the legislation governing the building of settlements has a number of disadvantages. And problems should be solved. For now, there is a practice where the historical monuments are attached, for example, on a few floors above, disfiguring them, and the lack of clear boundaries between Kiev and suburbs allows the same land at the same time to make the property different people, what technically is legal.

“Theoretically, the proposed bill addresses these issues in more detail in regulating the development and approval of the General scheme as a form of documentation for spatial planning at the state level. However, the proposed expansion of powers of local councils may lead to increased corruption risks and complication of the approval procedures in General. In addition, the bill is enough of a framework and its effective implementation will require a series of regulations, which will take a lot of time,” says frost.

With a colleague agrees and the lawyer of the firm GORO legal Ilona Kuzina. “The whole idea is to collect all the information concerning town-planning documentation and to Refine it, while providing an opportunity for the public to influence the decision-making process – not bad. But in terms of implementation, it is necessary to set a time frame for conducting those public hearings and paperwork according to their results (changes in, for example, detailed plans of territories) in order to avoid delaying the approval process of documents. In particular, it would prevent the abuse of this right by the public (e.g., governmental organizations),” – said the expert.

That public figures can become a formidable force in the way of developers latest know firsthand. Active “grandmother” blocked a construction site in Kiev and major cities of the country. And, in fact, the organizers of the rallies have often turned out to be banal extortion and retreated, having received generous compensation from developers.

If the role of community members in the project approval process authorizes, not prescribing any responsibility for the abuse, it is possible to create new corruption schemes, says Director of ARPA Real Estate Michael Artyukhov.

And it may not be the only problem. Ilona’s Cousin drew attention to the following caveat: as the new law, if adopted, will be correlated with existing, in particular, on the detailed plan of territories.

“The law is not retroactive, however, may entail the process of verification and cancellation of documents already adopted, thus adding a headache to developers. Will pass not one month before approve the new documentation,” predicts Cousin.