Urban planning conditions and restrictions for land development in Kyiv and region
What are urban planning conditions and restrictions? Town-planning conditions and restrictions (TPCR) is a regulatory document that defines planning and architectural requirements for the design and construction of buildings and structures.
It regulates such mandatory parameters as:
- building height,
- number of floors,
- the density of construction objects,
- minimum distances from red lines and land plot boundaries,
- landscaping and greening of the territory, etc.
Why is it necessary to obtain a building permit?
Obtaining a construction permit is a mandatory step in the design of new construction or reconstruction of objects of complexity category CC1 (except when construction is carried out on the basis of a construction passport), CC2 and CC3.
How to obtain a construction permit?
To obtain an MBUO, you need to submit an application with a package of required documents through the ASC or the Diia portal. Through this portal, the application will be sent to the appropriate urban planning and architecture authority.
The following package of documents is attached to the application:
- A document confirming the right of ownership or use of the land plot or a superficies agreement (copy)
- A document confirming the ownership of the object (building or structure) or an approval from the owner of the real estate.
- An extract from the topographic and geodetic plan (extract) M 1:2000.
- Original urban planning calculation with the main parameters of construction and investment intentions of the customer.
Reasons for refusal to issue a building permit
The issuance of a residence permit may be refused for the following reasons:
- An incomplete package of documents has been submitted.
- The data in the application or additional documents is found to be unreliable.
- Development intentions do not comply with local urban planning documentation.
Inconsistency of development intentions is most often the reason for refusal. This may mean that the planned object does not comply with the master plan of the settlement, detailed plan of the territory or the functional zone in which the land plot is located (residential, estate development, industrial zone, recreational zone, etc.)
This may also be due to the fact that the projected facility does not meet the requirements of the State Building Standards or the intended purpose of the land plot.
The term of issuance of a building permit
The issuance of a building permit is carried out within 10 business days from the date of registration of the application. If there are grounds for refusal, the relevant decision is also made within this period.
Validity period of the building permit
Urban planning conditions and restrictions are valid until the completion of construction. In case of a change of the construction customer, the C&Rs remain in force.
Changes to the SCC may be made at the request of the customer or by court decision. The SBC can be canceled at the request of the customer or by a court decision.
When is it not necessary to obtain the MBUO?
Obtaining a temporary construction permit is not required for:
- temporary structures for commercial activities,
- outdoor advertising, small architectural forms (SAF), fencing of territories and plots,
- construction of buildings with an area of up to 300 square meters not exceeding two floors (including the attic) with outbuildings and structures, individual garages on the basis of a construction passport,
- reconstruction of residential and non-residential premises without changing the external configuration and functional purpose,
- placement of antennas, air conditioners, hoods, etc,
- restoration and overhaul of buildings and structures,
- equipping buildings with access facilities for people with limited mobility.
The full list of cases is provided in the Order of the Ministry of Regional Development No. 289 of 06.11.2017.
Registration of MBOs in the USCCB
PBUOs are subject to mandatory registration. If the PBUOs were issued before 09/01/2020 and the information about them is not included in the USSSR, they must be registered.
Who can register?
Registration can be carried out by:
- the relevant urban planning and architecture authority at the request of the construction customer,
a designer, - the construction customer, if the project documentation is dated before August 01, 2021.
Why should you contact GlobalBud Ukraine?
The specialists of our company have all the necessary competencies and certificates in order to speed up and simplify the process of obtaining urban planning conditions and restrictions for you as much as possible.
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