Verkhovna Rada passed important laws

Today, on May 12, the Verkhovna Rada of Ukraine has passed four laws on matters concerning construction and related industries.

The construction community had been looking forward to the Law of Ukraine “On amending some laws of Ukraine on primary measures to reform the urban planning activities” (Ref. No. 7282), aimed to regulate construction under the martial law, determine a relocation procedure for evacuated production facilities of enterprises, and perform initial steps for territories recovery.

Special attention should be paid to the norms that regulate location of temporary facilities designed for accommodating the internally displaced people.

The law states that a temporary facility for the population life support is a low-rise (up to two floors) fast-assembly facility made from light structures (mobile (reusable), demountable, of container or combined type, etc.), which meets the minimal life-support requirements for internally displaced people, which were set by the Cabinet of Ministers, and can be dismantled, relocated and reused (if necessary).

Temporary facilities will be placed on the basis of the approved location pattern. The quantity survey is developed on a mandatory basis only if the temporary facilities are placed at the cost of the national or local budgetary funds.

With contributions from experienced construction matters experts, the well-balanced Law provides grounds for fast recovery of destroyed municipalities and infrastructure with a legislated step-by-step action plan.

A comparative table to the second reading (Ref. No. 7282) is available here.

LAND RELATIONS

The enacted Law of Ukraine “On amending some Ukrainian legislation on specifics of land relations regulation under the martial law” (Ref. No. 7289) sets special rules of owning, using, and handling the land including changing the designated purpose of land lots to place (build) the following facilities:

• production facilities of enterprises relocated from the hostilities zone;
• river ports (terminals) in the Danube, sea ports, and multi-modal terminals and industrial transshipping complexes;
• electricity, gas, water, and heat supply networks, sewerage networks, electronic communication networks, main gas pipelines works;
• agricultural products;
• temporary waste storage places safe from destructions caused by hostilities, terrorist attacks, sabotages or works to eliminate their consequences;
• road transport infrastructure facilities (apart from road service facilities);

• facilities for temporary accommodation of internally displaced people.

More details about preparing the bill for second reading by a special committee can be found in the notice by Verkhovna Rada information department  – Land relations under the martial law.

DISTRIBUTION OF AUTHORITIES

After the second reading review, the parliament passed the Law of Ukraine “On amending the Law of Ukraine ‘On the martial law legal status’ in terms of the state service and local self-governance functions during the martial law” (Ref. No. 7269).

Inter alia, this law sets specifics of executing and dividing authorities of the village, township or town head of territorial community and military administrations. It also determines the subjects making decisions in construction matters:

• removing unlawfully placed temporary facilities from land lots;
• surveying buildings and structures destroyed or damaged due to hostilities;

• dismantling the facilities the survey found dangerous or threatening people’s lives, etc.

 How local self-governance bodies work during the martial law? – The Holos Ukrayiny publication of May 9.

COUNTERACTION TO RAIDING

The Law of Ukraine “On amending some Ukrainian laws on improving the mechanism of counteraction to raiding” (Ref. No. 3774), in addition to other state registration issues, regulates interaction of the national register of rights with the unified national electronic system in construction.

Currently, real estate specifications can only be changed during official registration of a right of ownership thereof as a result of actions taken to acquire, change, or terminate the proprietary rights.

The adopted law stipulates that real estate specifications (scope, actual area, volume, technical state) are renewed during registration actions or obtaining the information from the national register of rights online in interaction with the unified national electronic system in construction (if data about such real estate is available in this system). If the unified system misses information about the real estate during obtaining the data from the national register of rights, the data from the national register of rights displays the specifications available on the register.

Also, the law limits opening a new chapter in the national register of right concerning a land lot (solely if information about such lot is available in the national land cadaster, and for real estate newly established on a land lot – if information thereof is available in the unified national electronic system in construction).

Moreover, rights for a land lot will be officially registered only if the national land cadaster has information about the registered land lot, and for newly established real estate located on the land lot – if information thereof is available in the unified national electronic system in construction.

We expect prompt signing and publication of the laws passed today as well as developing regulatory acts required for their implementation, and we are ready to take part in their working on them.