“The innovation will prevent illegal constructions, simplify the allocation of plots and ensure the active participation of residents in the management of territories.”, — write: epravda.com.ua
From the beginning of 2025, land and construction management in communities is based on the Integrated Spatial Development Plan (SDP). This document combines urban planning documentation and documentation with land management, determining the zoning of the community’s territory. Let’s consider in more detail the benefits of PPP for local authorities and residents. New opportunities for community development Effective land use is impossible without planning. Comprehensive plans will finally give communities the opportunity to plan their entire territory — both within and outside of their settlements. Previously, local authorities could plan only the lands of cities, villages, and towns, and territories outside the boundaries were planned at the level of districts and regions. Thanks to decentralization, the communities received the authority to manage most of their lands. The comprehensive plan divides the territory of the community into functional zones: land for residential development, industrial, recreational purposes, etc. Therefore, the community determines which areas will be prioritized for investment and job creation, which areas will be prioritized for the development of social infrastructure (building schools, hospitals, etc.), and which areas must be protected to preserve biological diversity. or a harmful industrial enterprise or a high-rise building may grow on the territory of the conservation fund. At the same time, the procedure for allocating land plots and changing their purpose has been greatly simplified. The plot owner can now independently choose the type of destination, which reduces corruption risks and promotes investment attraction. But there is an important limitation: for each functional zone, a list of possible types of destination is defined. Read also: Urban planning reform: uniform rules for all Advertising: The owner can only choose from this list. That is, you cannot build a residential building on the territory designated for industry, and vice versa. This rule applies to both private owners and local authorities. Fighting corruption and chaos in construction Corruption in the areas of land management and urban planning fueled chaos in legislation for years. Land and urban planning legislation seemed to exist separately from each other and often regulated the same issues, but in different ways. For example, the use of the territory could be legal from the point of view of land legislation, but illegal from the point of view of urban planning, or vice versa. Only corrupt officials benefited from this, who could interpret each situation at their own discretion, depending on the “reward” received. Therefore, the unification of urban planning and land management documentation in the Comprehensive Spatial Development Program opens up new opportunities for automation and transparency of all processes. The only drawback is that such documentation is more expensive, but in the long run, reducing the level of corruption will save the state billions. Everyone has heard stories about construction in prohibited areas – nature reserves, protected areas, over sewers, etc. This was possible because urban planning conditions and restrictions (MUO) were formed manually. Sometimes MOUs did not contain real restrictions due to mistakes by officials, and often because they took bribes and turned a blind eye to violations. But after the approval of the comprehensive plan, all restrictions on the use of land and in the field of development (information about available nature conservation areas, functional zones, etc.) must be entered into the State Land Cadastre. First, it will mean that the MUO will be formed from the information already available in the cadastre. Second, anyone — be it regulatory bodies, ordinary residents, or journalists — will be able to go to the site with the public cadastral map and check whether the MUOs were issued legally. Just by checking the information on the map with the building permit. Long-term and flexible planning Comprehensive spatial development plan is protection against illegal buildings, arbitrary construction and fraud in urban planning. It guarantees the long-term and stable development of the community, regardless of changes in government. The local government changes every 5 years, but the plan remains valid. Thanks to mandatory public discussions, local residents participate in the creation of the plan and if their suggestions have been taken into account, they must be implemented. The PPR is also undergoing examination. At the same time, it is not a “frozen” document. It can be adjusted and updated as the needs of the community can change, especially during times of war. In this case, examination and public discussions are also mandatory, which protects the PPR from illegal changes. Of course, a lot depends on local government, public control and voter accountability. If the local council acts only in its own interests, ignoring the needs of the community, no plan will help. Therefore, it is important that residents monitor the actions of the authorities and vote for responsible representatives. When will the new legislation become fully operational? Creating spatial planning documents is not an easy task. First, you need to collect a lot of information: about the population, the weather, who owns what, important objects, etc. This information is then analyzed, and only then is a solution proposed for the plan. Communities had several years to do this. On January 1, 2025, the transition period ended, when the functional purpose of territories (what can or cannot be built on them) could determine the detailed plan of the territory. If the community does not yet have a Comprehensive Spatial Development Plan (SDP), this limits its capabilities in land and construction management. If the settlement still uses the master plan approved in Soviet times, it is forced to use the land in accordance with this outdated document. This creates significant difficulties, because the conditions of the planned economy of the USSR are radically different from the realities of the modern market economy of Ukraine. As a result, the community loses out on potential investment and job opportunities. At the same time, if the community affected by the war has already developed another document – a comprehensive program for the restoration of the territory, then the process of creating and approving the PPR will be much simpler and faster. After all, part of the necessary information has already been collected, an analysis of problems has been carried out, discussions have taken place with residents, etc. Of course, not all representatives of local authorities like the changes. For some, it is more profitable to solve land issues “by hand”, for example, to illegally arrange a plot for relatives or acquaintances. They are especially worried about the introduction of all restrictions (for example, regarding the height of buildings) to the State Land Cadastre, because after that it will be impossible to “adjust” these restrictions during the issuance of town planning conditions and restrictions. They also do not like the fact that everyone will be able to easily check the compliance of the MUO with the data on the public cadastral map. However, many communities have actively taken up the matter: they are preparing planning documentation, collecting the necessary materials, negotiating with international bodies statements about financial support. After all, this is what decentralization is all about, when communities get more and more independence and new effective tools for sustainable development.