Articles & Analysis

The Ministry for Communities and Territories Development of Ukraine has drafted the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Introduction of Mechanisms for Ensuring Pedestrian Accessibility to Preschool Education Institutions During Urban Development”.

The draft law was prepared in implementation of the twelfth paragraph of subparagraph 1 of paragraph 5 of Section XII “Final and Transitional Provisions” of the Law of Ukraine “On Preschool Education” and in accordance with item 1.29 of the Action Plan for the preparation of acts and performance of other tasks required for the implementation of Law No. 3788-IX. These provisions require the submission to the Verkhovna Rada of Ukraine of a draft law introducing effective mechanisms for ensuring pedestrian accessibility to preschool education institutions during urban development, in particular by prohibiting the commissioning of multi-apartment residential buildings without the prior or simultaneous commissioning of preschool institutions within walking distance, and by establishing the inevitability of liability for officials who commission such buildings in violation of the statutory pedestrian accessibility requirements for preschool institutions.

According to the explanatory note, the draft act proposes amendments to the Laws of Ukraine “On Liability for Offenses in the Field of Urban Development,” “On Comprehensive Reconstruction of Quarters (Microdistricts) of Obsolete Housing Stock,” “On Regulation of Urban Development Activities,” “On Guaranteeing Property Rights to Real Estate Objects to Be Constructed in the Future,” and “On Local Self-Government in Ukraine” in the following areas:

• establishing liability for urban development offenses committed by urban development entities performing construction works;
• prohibition of including a preschool educational institution in the last construction phase/start-up complex, except in cases where this phase/complex also includes another object, if the design documentation provides for phased construction and includes a preschool educational institution as part of the construction project;
• assigning delegated powers to the executive bodies of village, township, and city councils to carry out, in the prescribed manner, state control over compliance with legislation and approved urban planning documentation during the planning and development of respective territories;
• suspension, in cases provided by law, of construction carried out in violation of urban planning documentation and design specifications of individual objects (including the construction of educational institutions as provided for in the construction design documentation), as well as construction that may cause harm to the natural environment;
• in the event of announcing a competition to attract investor-developers for the implementation of housing reconstruction or replacement projects, the local self-government body must adopt a decision specifying, in particular, the investor-developer’s involvement in the development of the engineering, transportation, and social infrastructure of the development area (including the provision of preschool educational institutions within walking distance);
• designation in detailed plans and development projects of preschool educational institutions, within the areas subject to the reconstruction or replacement of obsolete housing stock, with due regard to pedestrian accessibility (if necessary).

In particular, the Draft Law “On Amendments to Certain Laws of Ukraine Regarding the Introduction of Mechanisms to Ensure Pedestrian Accessibility to Preschool Educational Institutions During the Development of Territories” provides for the following provision:

“If the design documentation for construction provides for stages and/or start-up complexes and includes a preschool educational institution as part of the construction project, it is prohibited to include the preschool educational institution in the final stage/start-up complex, except where another facility is also included in this stage/start-up complex.”

“It shall be established that the provisions of Part Thirteen of Article 31 of this Law (referring to the Law of Ukraine ‘On Regulation of Urban Development Activities’) do not apply to design documentation for construction projects for which the right to perform construction works was obtained prior to the entry into force of the Law of Ukraine ‘On Amendments to Certain Laws of Ukraine Regarding the Introduction of Mechanisms to Ensure Pedestrian Accessibility to Preschool Educational Institutions During the Development of Territories’. Any amendment to such design documentation aimed at altering the construction sequence by assigning the preschool educational institution to the final stage/start-up complex of the construction project shall be prohibited, unless another facility is also included in that stage/start-up complex.”

The draft law also contains a provision amending the Law of Ukraine “On the Guarantee of Real Property Rights to Real Estate Objects to Be Constructed in the Future”, which requires that the developer, the construction customer, and the manager of the construction financing fund (if applicable), in cases where the construction of a real estate object (a multi-apartment residential building) is carried out with the involvement of non-governmental funds (directly or indirectly) from individuals or legal entities—including under management arrangements—for the subsequent acquisition by such persons of ownership rights to the respective real estate objects, must publish on their official websites the following information: whether or not the construction project includes social infrastructure facilities (including preschool educational institutions that provide access to early childhood education).

This draft law may be discussed in the group Urban Planning in Ukraine.

Yuriy Brykaylo,

DREAMDIM & URBANDATA

Ⓒ 2025

A draft Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Issuing Permits for the Placement, Construction, Reconstruction and Operation of Facilities within the Right-of-Way of Public Roads” has been developed, the purpose of which is to regulate the procedure for issuing permits for the placement, construction, reconstruction and operation of facilities within the right-of-way of public roads.

Regulatory justification:

Paragraphs one to four of Article 37 of the Law of Ukraine “On Motor Roads” provide that the construction of structures, roadside service facilities, gas stations, laying of utility networks and the performance of other works within the right-of-way of motor roads shall be carried out in accordance with a permit issued by the state motor roads management authorities and with prior approval from the relevant subdivisions of the National Police in the manner prescribed by the legislation of Ukraine.

The state motor roads management authorities, upon agreement with the relevant subdivisions of the National Police, issue permits on a paid basis for the placement, construction, reconstruction, and operation of the facilities specified in part one of this article within the right-of-way of public roads, in accordance with the procedure approved by the Cabinet of Ministers of Ukraine.

The state motor roads management authorities shall, within 30 calendar days, make a decision to issue or deny a permit for the placement, construction, reconstruction, and operation of the facilities specified in part one of this article within the right-of-way of public roads.

Grounds for denial or termination of a permit may include: prior designation of the road section for another facility or structure; classification of the section as hazardous or as a location of high accident concentration; non-compliance of the proposed location of the roadside service facility with regulatory requirements and infrastructure development plans; or anticipated road reconstruction or expansion plans that would result in the demolition of the facility.

Key Provisions of the Procedure:

• Scope of Application: the Procedure governs the process for issuing permits for the placement, construction, reconstruction, and major repairs of facilities within the right-of-way of public roads.

• Permit-Issuing Authorities: permits are issued by the state motor roads management authorities, including the State Agency of Motor Roads of Ukraine (Ukravtodor) and its regional branches.

• Types of Facilities: the Procedure applies to engineering networks, advertising structures, roadside service facilities, and other structures planned to be located within the right-of-way of public roads.

• Permit Issuance Procedure:

1. The applicant submits an application to the authorized body.
2. The application must be accompanied by documents specified in the Procedure, including project documentation and approvals from the relevant authorities.
3. The authorized body reviews the application and makes a decision to issue or deny the permit.

• Review Deadlines: the Procedure establishes specific timeframes for reviewing applications and making decisions by the competent authorities.

• Grounds for Denial of a Permit: the Procedure outlines the grounds on which a permit may be denied, including non-compliance of submitted documents with legal requirements or the absence of necessary approvals.

• Control and Liability: mechanisms are established to monitor compliance with the Procedure and to impose liability for violations.

This draft law may be discussed in the group Urban Planning in Ukraine.

Yuriy Brykaylo,

DREAMDIM & URBANDATA

Ⓒ 2025

The State Property Fund of Ukraine has published a draft Law of Ukraine “On Amendments to the Law of Ukraine ‘On the Lease of State and Municipal Property’ Regarding Certain Valuation Issues in Determining the Value of Lease Objects”.

The draft law proposes to increase the threshold of residual book value of a lease object at which its value must be determined based on market valuation to 50 percent. As a result, the starting rental price at auctions for the lease of state and municipal property is expected to increase by improving the mechanism for determining the value of a lease object for the purpose of rental calculation. In particular, the draft provides for the replacement of the current mechanism requiring revaluation by the property holder with an independent valuation.

Key provisions:

• Property valuation may be paid by a prospective lessee – currently, this is the obligation of the property holder, which often blocks lease transactions. Following the amendments, the lessee will be able to cover these costs – even before the auction or conclusion of the agreement.
• If the asset has not been revalued for years or its residual value is only nominal “on paper,” the starting lease payment is significantly understated. The proposed changes aim to ensure the use of actual market valuation.
• No valuation required – for beneficiaries. Where the lease is granted for UAH 1 or under social programs, valuation will not be required at all, easing the financial burden on budget-funded institutions.
• Lease renewal – simplified and without revaluation. The draft proposes to cancel the requirement to approve a valuation report and to conduct an independent valuation of the lease object when extending a lease agreement.

Following the adoption of the proposed law, the lease amount will not increase directly; however, the starting rental price may be higher if market valuation is applied. In addition, the law is expected to eliminate one of the key obstacles to leasing state and municipal assets — the financial incapacity of property holders to fund valuation procedures.

This draft law may be discussed in the group Urban Planning in Ukraine.

Yuriy Brykaylo

DREAMDIM & URBANDATA

Ⓒ 2025