Changing the purpose of the land plot is one of the many aspects of the land reform that has been gaining momentum in our country lately.
In particular, changes to land legislation entered into force in July 2021. They were due to the fact that in the process of decentralization and the creation of united territorial communities there was a need to carry out, so to speak, an inventory of land. That is, bringing it into line with the introduction of all land plots and schematically their borders to the public cadastral map.
These changes were also aimed at simplifying the procedure for changing the purpose of the land plot (hereinafter referred to as changes in the land plot). That is, there is no need to develop documentation (project) for changing the CPU.
TAKING INTO ACCOUNT THE PECULIARITIES OF URBAN PLANNING AND LAND MANAGEMENT DOCUMENTATION WHEN CHANGING THE PURPOSE OF A LAND PLOT
The main dilemma is that we have urban planning documentation and land management documentation operating simultaneously and parallel to each other. What is the difference between them?
Land management documentation is textual and graphic materials approved in the prescribed manner, which regulate the use, boundaries, purpose of state, communal and private land, as well as the grounds and conditions for the emergence of ownership rights to it.
Urban planning documentation includes :
- general plan of the settlement,
- DPT – a detailed plan of territories,
- zoning
For a long time, there has been a need to combine these types of documentation, as they relate to similar issues.
With the changes made to the Land Code of Ukraine, the legislator gave documentation in the field of urban planning the status of land management. This decision was made to eliminate discrepancies in the concept of “functional purpose” (which refers to the urban planning industry) and “CPU of a land plot” (which is regulated by land legislation).
HOW TO CHANGE THE PURPOSE OF LAND PLOT
The Land Code of Ukraine allocates 9 categories of land for CP. You can change the CPU of the land either within a certain category or by changing the category itself. A successful and most common example today is the conversion of agricultural land into land for construction.
For quite a long period of time, the necessary condition for this was the presence of a positive decision from the local self-government body to develop a DPT by the relevant organization and pay for its implementation. The next step was to hold public hearings and approve such a DPT. Only after that, it was possible to apply to the land management institution for the development of a land management project regarding the change of the CP of the land plot, which also required approval by the relevant council.
CURRENT DURATION OF THIS PROCESS
With the adoption of these changes, the situation has become much easier. After all, the owners were given the right and the opportunity to change the CPU at their will without the approval of the relevant authority and the land management project. The only condition is that the type of intended use does not conflict with the general plan or zoning of this or that settlement.
It would seem that now everything is quite easy and simple in this process, but there are nuances here too. Such changes must be made to the State Land Cadastre, which operates with limited access due to the introduction of martial law.
It is also worth noting that at the beginning of May of this year, another amendment to the land legislation was adopted. The state registration of the change in the land plot is carried out by the district military administration and is entered in the Land Ownership and Land Use Registration Book while the operation of the main register is suspended.
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