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Simplified procedure for changing the allowable use of a private land plot

The requirements for establishing and changing the allowable use of land plots are defined in Art. 20 of the Land Code of Ukraine, which was set out in a new version by the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine Regarding Land Use Planning» No. 711-IX dated 17.06.2020 (hereinafter - Law 711). The new version above provides for the possibility of the owner (or the land user in cases defined by the law) changing the allowable use of a private land plot without the development of a land management project and the need for such approval by the executive authority or local government body.

An important condition for the realization of the owner of a private land plot’s right to change the allowable use at his own request/application is the presence of information entered in the State Land Cadastre about functional zones, which were defined in the approved urban planning regional level documentation before the Law 711 came into force or within two years from the date of its publication.

Law 711 obliges village, settlement, and city councils to ensure the entering information about functional zones into the State Land Cadastre, and the deadline for such entering is established until January 1, 2025.

The decision to change the allowable use of privately owned land plots is made by village, settlement, and city councils on whose territory the relevant land plot is located.

However, the owner (or the land user in cases defined by the law) of the land plot may change the allowable use of the land plot without developing a land management project for the allocation of the land plot in compliance with the requirements of part five of Article 20 of the Land Code of Ukraine, provided the functional zones were defined in the approved urban planning regional level documentation (on the basis of an extract from such urban planning documentation).

Thus, to enter information about a change of the allowable use into the State Land Cadastre, a statement from the owner (the land manager or land user in cases defined by the law) of the land plot and an extract from the urban planning documentation is required.

In order to arrange and support the process of making changes to the information about the land plot regarding its allowable use, we recommend contacting the lawyers in the field of land law of the SELECTIUM team.









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