The MPs have decided to make arrangements to preserve parklands, sports fields and prevent the massive felling of green areas to build new homes. The bill "On a moratorium on changing the destination of individual land recreational purposes in towns and other settlements", initiated by "Our Ukraine" Ivan Zaitsev, passed by Parliament last week, sent the President for signature.
Related article: Uncertainty - an obstacle to investing in real estateDocument voted by 295 MPs, includes a five-year ban on changing designated recreational areas and demolition of objects located on them. Monitoring compliance with these rules is entrusted to local governments, MinZhKH, Ministry for Emergency Situations, Ministry of Environment and Goszemagentstvo. In addition, local authorities charged with the responsibility for the development of urban planning documents provide for an increase in recreational areas for at least 5%.
In turn, the Cabinet within the next four months after the entry into force of this document shall develop and submit to the Verkhovna Rada a draft law regulating the possible uses and protection of recreational lands, particularly the definition put a recreational area (for example, what should be the concentration of green spaces, Do I have to be a body of water, buildings, etc.) as well as the artificial creation of the zone to prevent the construction of green areas in the future, after the expiration of the current moratorium. As of today the Land Code only defines the types of recreational land.
However, the presence of the new law does not guarantee the integrity of green spaces. Firstly, the paper unduly narrowed the concept of recreational areas. They include only the green areas and plantings, as well as objects of physical culture and sports. Accordingly, a moratorium on changing the destination will apply only to this meager list.
While the Land Code to the recreation area belongs also the allotments under the holiday homes, camp sites, travel and children's camps, as well as land plots allocated for dacha construction. In addition, several provisions of the new law has clearly declaratory in nature. For example, the document introduces a ban on the destruction of infrastructure and children's playgrounds, but does not establish any liability for its breach. Not specified, and then, for any amount of money will be 5 per cent expansion of recreational areas.
But most importantly, developers submitted ample opportunity to circumvent the moratorium on changing designated green areas. Namely, said the ban does not apply to projects on the comprehensive reconstruction of obsolete housing blocks, transfer stations for public necessity or social needs. Ignore the moratorium and site owners will be able to recreational purposes, permission to develop land use documentation which came into effect before the entry into force of the law, as well as companies that have already received planning permission green areas.
Therefore, with the start of the new law plots of the recreational areas will be displayed under the guise of social need. A permit for construction and development of land use documentation to approximate firms will simply issue an afterthought. On the other hand, a prohibition on changing designated recreational areas facilitate the process of government withdrawal of the most delicious city allotments have fallen to them in favor of companies.
Another cause for concern residents of villages and towns adjacent to recreational areas is the norm of the new law, stipulating the need for the end of this year, an inventory of all land in the country (until July 1, 2012 to the border should be demarcated on maps). "On the part of interested parties will now actively accelerate the process of change in purpose of land until the inventory has not begun. And where the master plans are not yet approved, they will have to adopt a "correct" boundaries.
Where master plans have been developed and approved, may be accepted draft programs of complex reconstruction of districts (districts) of obsolete housing stock, which may be classified as recreational areas, - the director of the judicial department of JSC "AF" Aktio Olga Prosyanyuk. According to her, to monitor compliance with the moratorium would also be difficult because the procedure for disclosure of information about planning for change of land earmarked for recreation, for public input and expertise available.
"To date, a unified land base recreational facilities available. During an inventory of its performers may deliberately for a specific set of arguments is not to make some land in this list that are close to power developers could sell to put on her popular among projects.
It is also possible change of purpose of allotments directly in the inventory "- adds managing partner at the law firm LCF Law Group Anna Ogrenchuk. Since most tasty land has long been dismantled, the scheme to transfer part of the recreation area in the category of "under construction" was one of the most troublesome and costly. With the introduction of a moratorium on the price of the service "brokers" in such processes that will ensure the "correct" the passage section of the inventory, obviously, can fly up to heaven.