LAW OF UKRAINE

of April 20, 2000 No. 1699-III

About planning and building of the territories

This Law establishes legal and organizational basis of planning, building and other use of the territories and the directions on ensuring stable development of settlements taking into account public and private concerns.

Section I. GENERAL PROVISIONS

Article 1. Determination of terms

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

the territory - part of the land surface in certain limits (borders) with geographical location, the natural and created by activities of people conditions and resources inherent to it, and also with airspace and subsoil located under it;

planning of the territories - the process of regulation of use of the territories consisting in creation and implementation of town-planning documentation, acceptance and implementation of relevant decisions;

town-planning documentation - the approved text and graphical materials by which are regulated planning, building and other use of the territories taking into account which the purpose of lands is determined;

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;

The general scheme of planning of the territory of Ukrainygradostroitelnaya documentation determining conceptual solutions of planning and use of the territory of Ukraine;

the scheme of planning of the territory - the town-planning documentation determining basic solutions of planning, building and other use of the corresponding territories of administrative and territorial units, their separate parts;

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;

the detailed plan of the territory - the town-planning documentation determining zoning of the territories, arrangement of red lines, other lines of regulation of building, zones in which planning restrictions, placement and functional purpose of objects of town-planning, building types for certain areas, residential districts, quarters and areas of reconstruction of the existing building of settlements are set;

the project of building of the territories - documentation combining the town-planning and project documentation which is developed for construction of complexes of buildings and constructions;

subjects to planning - the territory of Ukraine, the territory of administrative and territorial units or their parts or the separate parcels of land;

subjects of planning - public authorities and local government bodies, and also physical persons and legal entities;

regional rules of building - the regulatory legal act which establishes general for the territories and settlements of area, the Autonomous Republic of Crimea (except the cities of Kiev and Sevastopol, the cities of republican value of the Autonomous Republic of Crimea, the cities of regional value) procedure for planning, building and other use of the territories and the separate parcels of land;

local rules of building - the regulatory legal act which establishes procedure for planning and building and other use of the territories, the separate parcels of land, and also the list of all admissible types, conditions and restrictions of building and other use of the territories and the separate parcels of land within the zones determined by the plan of zoning;

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

red lines - the borders determined in town-planning documentation concerning Items of geodetic network of the existing and designed streets, roads, squares which delimit the territories of residential districts, quarters and the territory of other appointment;

lines of regulation of building - the borders of placement 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.

town-planning reasons - type of town-planning documentation in which according to the state construction and other regulations, standards and rules, provisions of town-planning documentation determine the town-planning conditions and restrictions of building of the parcel of land (construction object) obligatory for accounting in case of assignment of the parcel of land and/or designing of this object;

building intention (the parcel of land, the territory) - the application (petition) of physical person or legal entity submitted in the procedure established by the legislation concerning building of the parcel of land or certain territory with indication of purpose of the building, construction and approximate characteristics of building;

the customer - the physical person or legal entity having in property or in use the parcel of land and which submitted in the procedure established by the legislation the application (petition) concerning its building for implementation of construction or change (including by demolition) town-planning object;

public discussion - the procedure directed to accounting of legitimate interests of physical persons and legal entities, territorial communities and the state when planning and building the territories according to requirements of this Law;

public hearings - form of public discussion of the draft of town-planning documentation, local rules of building;

conciliation commission - the commission which is formed during public hearings for consideration of offers (notes) of physical persons and legal entities, territorial communities and the state to the draft of town-planning documentation, local rules of building and for acceptance of agreed decisions;

the project declaration - this term is used in value of the Law of Ukraine "About financial and credit mechanisms and property management in case of construction of housing and real estate transactions".

Article 2. Main objectives of planning and building of the territories

The main objectives of planning and building of the territories are:

reasons for future requirements and determination of the preferential directions of use of the territories;

accounting of the state, public and private interests when planning, building and other use of the territories;

reasons for distribution of lands on purpose and uses of the territories for town-planning needs;

ensuring rational resettlement and determination of the directions of sustainable development of settlements;

determination and rational arrangement of the territories of housing and public building, industrial, recreational, nature protection, improving, historical and cultural and other territories and objects;

reasons and establishment of the mode of rational use of lands and building of the territories in which perspective town-planning activities are provided;

determination, withdrawal (redemption) and provision of the parcels of land for town-planning needs on the basis of town-planning documentation in the limits determined by the law;

determination of the territories having the special ecological, scientific, esthetic, historical and cultural value, establishment of stipulated by the legislation restrictions for their planning, building and other use;

environmental protection and rational use of natural resources;

regulation of building of settlements and other territories.

Article 3. Organization of planning of the territories

Planning of the territories is performed at the nation-wide, regional and local levels.

Planning of the territories is performed by relevant organs of the government and local government bodies.

Planning and building of the separate parcels of land belonging on the property right or right to use is performed by their owners or users in the procedure established by the legislation.

Decisions of executive bodies and local government bodies concerning building and other use of the territories, the choice, withdrawal (redemption) and provision of the parcels of land for town-planning needs are accepted in the limits determined by the law according to town-planning documentation on approval of specially authorized bodies concerning town planning and architecture.

The decisions of executive bodies and local self-government concerning building and other use of the territories accepted within the powers determined by the law are obligatory for subjects of town planning.

Conducting examination of the town-planning and project documentation is performed according to the procedure which is established by the Cabinet of Ministers of Ukraine.

Article 4. Financing of works on planning of the territories

Financing of works on planning of the territories at the nation-wide level, development of experimental town-planning documentation for settlements and other territories of Ukraine, development of regulating documents concerning planning and building of the territories, carrying out the most important research works are performed at the expense of means of the Government budget of Ukraine.

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