Reading time: 6 minutes
Total views: 79
Publication date: 09.06.2024
Rate:
Publication date: 09.06.2024
Legal aspects of land use for construction: licensing procedures and
limitations
Introduction
The use of land plots for construction is an important aspect of infrastructure and housing development in Ukraine. However, this process is regulated by a number of legal provisions that define permitting procedures and impose certain restrictions. In this article, we will analyze the main legal aspects of the use of land plots for construction, including the procedures for obtaining permits and restrictions imposed on developers.
Permitting procedures for construction
Determining the purpose of the land plot:
- Classification of land: According to the Land Code of Ukraine, land plots are classified according to their intended use. For construction purposes, land plots classified as residential and public development land must be used.
- Change of designated purpose: If it is necessary to change the designated purpose of a land plot, the procedure involves submitting an application to the local government and going through the approval procedures.
Obtaining urban planning conditions and restrictions:
- Urban planning documentation: To obtain urban planning conditions and restrictions, the developer must apply to the city planning and architecture authorities with a request. This document defines the main parameters of the development, such as building density, building height and setbacks from the boundaries of the site.
- Neighborhood approval: In some cases, especially in the case of individual residential construction, the approval of neighbors may be required for certain parameters of the development.
- You may also be interested in the following articles:lawyer consultationlawyer consultation analysis of documents legal analysis of the situation written consultation verification of documents by a lawyer lawyers documents legal assistance online lawyer online legal opinion legal opinion of a lawyer lawyer online
Obtaining a building permit:
- Project documentation: The developer must develop project documentation that meets the urban planning conditions and restrictions and submit it for examination.
- Construction permit: After a positive expert opinion, the developer submits an application for a construction permit to the state architectural and construction control authority. The permit is issued on the basis of verification of compliance of the project documentation with the legal requirements.
Putting the facility into operation:
- Completion of construction: After the completion of construction, the developer must apply to the state architectural and construction control authority with an application for
- putting the facility into operation.
- Commissioning: The authority checks the compliance of the constructed facility with the design documentation and legal requirements. In case of a positive decision, an act of commissioning is issued.
Restrictions on the use of land plots for construction
Zoning of territories:
- General plan: The use of land plots for construction should be in accordance with the master plan of the settlement, which determines the functional zoning of the territory.
- Detailed territory plans: For specific sites, detailed site plans can be developed that set more specific conditions and restrictions for development.
Environmental restrictions:
- Protection zones: Land plots located in protected areas (e.g., near water bodies, forests, or nature reserves) have additional restrictions on development.
- Environmental assessment: In some cases, an environmental impact assessment may be required to obtain a construction permit
