Was easier to build with the new law?

13.12.2011 15:36
Articles about real estate | Was easier to build with the new law? With the entry into force of the Town Planning Act has changed the approach to the permit and agreement procedures in the construction industry and the adoption in August 2011 the main regulations the opportunity to take the first results of the reform. What awaits us, bring a real benefit to the new legislation and whether it will be easier to build - found explosives.

In general, the Law of Ukraine "On the Regulation of Urban Planning» № 3038-VI of February 17, 2011 includes innovations to simplify licensing procedures in the design and construction. But at the same time as Anna told Sisetskaya, AO lawyer law firm "Vasil Kisil and Partners", the Act leaves a feeling of incompleteness and imbalance that ultimately does not allow developers and investors to take full advantage of innovations that are not backed stable and transparent mechanisms for their implementation, according to "building".

Related article: The Law of Ukraine «About regulation of urban development» - the hope of architecture?

According to Mikhail Timoshenko and partner JC "Baker & McKenzie," analyzing the results of the reform is, above all, to note its positive effect on the scope of the cottage and residential construction (about 10 storeys), catering establishments, small objects of trade and civil purposes, objects social infrastructure, warehousing and some industrial buildings.

In turn, Timur Bondarev, managing partner of a lawyer association Arzinger, added: "The positive aspect of the Law - predicted the procedure for obtaining land rights for construction, reducing the time of issuance and number of permits, unlimited validity period, no need for coordination of project documentation."

However, like any other Town Planning Act is not perfect. Thus, since January 1, 2012, he prohibits the changing purpose of land, as well as to provide for ownership and use of communal land and public property for construction purposes - in the absence of properly developed planning documentation.

"In particular, it is a detailed site plan and zoning plans, which specify the data the master plan of the village. Since only a small fraction of the Ukrainian cities have master plans and even more detailed plans and zoning, we can expect that from the beginning of 2012 Investment Construction activities will be paralyzed if the legislator does not renew the transitional period for entry into force of this prohibition "- commented A. Sisetskaya.

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