On 10 July, the Parliamentary Committee on the Organisation of State Power, Local Self-Government, Regional Development and Urban Planning recommended that the Verkhovna Rada of Ukraine adopt Draft Law No. 13437 ‘On Amendments to Certain Legislative Acts of Ukraine on Spatial Planning of Territories (Lands)’ as a basis and as a whole. The draft law aims to postpone the mandatory development and approval of comprehensive spatial development plans of communities until 1 January 2028. For communities located in regions where military operations are underway, the deadline will be three years after martial law ends.

As we reported earlier, the Draft Law proposes to amend the Land Code of Ukraine, the Laws of Ukraine ‘On Regulation of Urban Development’, ‘On the State Land Cadastre’, ‘On Amendments to Certain Legislative Acts of Ukraine on Land Use Planning’.

In particular, the Draft Law provides for an additional transitional period until 1 January 2028. For territories of communities or parts thereof that are included in the list of territories where hostilities are being conducted or which are temporarily occupied by the Russian Federation as of the date of entry into force of the relevant amendments provided for in this Draft Law, the transitional period will end three years after the termination or cancellation of martial law in the respective territory. During the transitional period, the Draft Law stipulates the following provisions:

• the establishment or alteration of the functional purpose of territories may be carried out based on detailed territorial plans on lands where comprehensive plan have not yet been approved;
• amendments to urban planning documentation at the local level that were approved before 24 July 2021 may be made without taking into account the requirements of Law No. 711 ‘On Amendments to Certain Legislative Acts of Ukraine on Land Use Planning’ with regard to their composition and content;
• the approval of urban planning documentation at the local level, the development of which began before 24 July 2021, may be completed without adhering to the requirements of Law No. 711 regarding the composition and content of such documentation;
• establishing the possibility of approving the general plans of localities in the territories of communities for which comprehensive plans have not yet been approved.

Adopting the draft law is expected to encourage investment in construction and infrastructure, including the reconstruction of the territories affected by the armed aggression of the Russian Federation against Ukraine, until comprehensive plans are approved.