City zoning laws for all ... but how soon?

Back to Articles

The principle of urban zoning, which has been long applied in different countries throughout the world, has formed the basis of new rules on the urban development of the Ukranian capital

Despite the fact  that adopted document foresees a number of innovations and restrictions for Kyiv developers, it will have no impact on the construction market in the nation's capital in the nearest two years, since these rules will come into effect only at the beginning of 2007.

In the option of experts, the need to adopt new rules on urban planning and construction ripened some time ago. It is worth recalling here the conflicting situations that arose a few years back between local construction companies, investors and city authorities, the latter having attempted to bring order to the construction of the downtown area in Kyiv. Besides that, the need for the adoption of new rules is now dictated by changes in land legislation, and the broadening of the authority of the city council in the sphere of architecture and construction. Another reason for the need to adopt new rules of the game on the Kyiv construction market was the hurried development of the city , which demanded a strict regime for building up certain territories and zones, commonly referred to by architectural experts as zoning laws. The principle of zoning is the basis of these rules.

According to independent experts in this field, it cannot be ruled out that, with the adoption of these zoning laws, industrial enterprises operating on the territory of the city will possibly be required to relocate their operations outside the city's downtown zoning area.

Meanwhile, it is precisely the concept of zoning is being  used as the basis in developing the new laws. Though there are plans that such laws will be supplemented by detailed territorial planning designs (TPD) in all districts of the capital. As Kyiv's Chief Architect Vasyl Prysyazhnyuk explained to our KW correspondent, "The zoning plans will be transparent and contain all information needed for investors and the public about the status of and regulations in construction. Thanks to such zoning, it will be clearly understood from the outset what objects can be built on the given territory."

Experts tend to think that dissemination of information on a bright future and claims of the benefits of the new rules developed is for residents and builders nothing more than a routine PR campaign of the leadership of the city administration. One of the main facts that support this is the failure of the city's chief architect  to provide answers to problematic questions in this area.

Coordinating construction with the people...

Experts with the city administration feel that the new rules, unlike the current ones in effect, better regulate the procedure of approving design and construction documents. 

The new rules foresee a comprehensive approach to any construction or reconstruction of buildings. Specifically, according to the decision of the Kyiv City Council, one or several customers will be able to undertake the reconstruction of the so-called "Khrushchovka" districts and will have the right to attract investors tho the construction of new buildings need in a given micro-district.

But, perhaps the most revolutionary innovation stipulated in the zoning rules is a technical inspection of land plots and buildings adjacent to the territory of the planned construction. With this innovation, owners of the adjacent buildings and the chief architect officially responsible for the construction must become acquainted with the conclusions of such inspections and sign them if they have their approval.

In addition in the immediate future these rules will be supplemented by additional new articles regulating by the procedure for public regulating the procedure for public discussion on informing citizens of the potential ecological and social consequences of new object's construction. Deputies of the city council stress that this clause is needed in order to avoid conflicts that have become more frequent between residents of buildings located in the vicinity of the prospective construction site.

As Prysyazhnyuk explained, "If earlier a constructor who built a house or building within the limits of neighbourhood (a street block) or a yard thought only about his object, then when the new rules take effect he will have the new rules take effect he will have to assume responsibility for the neighbourhood's territory in general."
       
In experts' opinions, the new zoning rules unlike the current ones in the effect better regulate the process of adoption and confirmation of design and construction documents. Specifically, they list all the procedures and provide a complete list of organizations that must approve the documents.

Furthermore, the rights of regional state administrations would be considerably expanded and have an impact on investors by requiring them to build objects of the social infrastructure in addition to the construction of profitable real estate. Specifically, based on the city's planning calculations, regional state administrations can define the purposes of attached premises to the residential buildings and require the addition of kindergartens, clinics, grocery stores, ets. The cost of building such objects of social purposes will be included in the investor's costs to represent his participation in the development of the city's social and transport infrastructure.

Besides, that the new zoning document clearly differentiates the authorization of construction and permission for executing construction works.

New rules adopted to live buy the old ones?

In general, in the opinion of Kyiv's chif architect, the newly simplified and intelligible rules ought to significantly improve the investment climate in the capital and rule out the possibility of corruption in the distribution of land plots and the issuing of construction permits. But, according to experts' assessments, the situation will remain unchanged until permits for construction are issued on the basis of so called city planning grounds, which if drawn up by competent  experts, can justify any construction at the request of investors. Moreover, customers often use such permits for obtaining a positive decision regarding the allocation of land under construction.

As the city's chief architect informed KW, substantiation of city planning will be developed until the drafts of the abovementioned territorial planning designs of all city districts are approved. They will determine the possibility of the location of the object on a site, its functions, height, volume and other specifications and features.

Inasmuch as the first draft of the TPD in the district prepared at the request of the Pechersk District State Administration will only be reviewed by the Kyiv City Council in March and that work on other city districts is only just under way, Kyiv's urban planning drafts developed in the interests of certain investors will define the new cityscapes in Ukraine's capital no earlier than in 2007. In the future investors wanting to receive authorization for construction will be able to develop urban planning drafts without any permits from the Kyiv City Council and based on their own vision of the object's size and height, construction density and then offer it to the city. But according to experts' calculations, by the year 2007 there will be no free grounds for the construction of objects the city is in need of.

By Margarita Bereznyak

Kyiv Weekly

February 18-25,2005