Current legislation does not really able to optimize the system of land allocation - expert

On May 26, 2011 was held a regular meeting of Legal Committee of the URE Club.

Expert section was devoted to the draft Law of Ukraine «On amendments to some legislative acts to reduce the period of land allocation for urban needs». This law is aimed at implementing the concept of building reforms, according to which the term of land allocation for construction purposes should be reduced to 60 days. The position of the participants in the meeting regarding the developed document was unanimous: the contents of the document is not able to achieve this goal, as the developers have restricted «cosmetic» revisions of the existing procedure, refusing, in fact, from reforming the system of land allocation. In this regard, Vladislav Kysil, chairman of Legal Committee of the URE Club, partner Law Company KPD Consulting, said: «A draft makes minor changes to the two articles of the Land Code. Changes of this kind cannot really optimize the system of land allocation, which today is far from the needs of developers».

The meeting also discussed the draft Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on increasing accountability and improving state regulation of urban development». The bill was developed by the Inspectorate of the State Architectural Construction Control and reflects the principle of strengthening the personal responsibility of the customer and the contractor for compliance with legislation in the construction process. Members noted that the empowerment of State Architectural Building Inspection cannot be accompanied by the creation of additional barriers for developers and other market participants. In particular, the results of the discussion were encouraged to streamline the procedure for notification of the customer about the sanctions imposed by the inspectorate, to start the countdown period to appeal the sanctions in court after receiving notice of such sanctions, as well as to recommend the project be deleted from the norm of giving the decision of the executive power of State Architectural Building Inspection document.

On the regulatory section of the Committee were determined new rules for construction and commissioning, as approved by the Cabinet in accordance with the Law of Ukraine «About regulation of urban development». The meeting participants discussed the features of the developers taking into account the significant changes in the procedures for obtaining permits for construction and commissioning. By all accounts, the entry into force of the documents reviewed launched the updated work permit system in the construction industry.

In the work of Legal Committee of the URE Club took part representatives of developers, legal and consulting companies, and financial institutions that are members of Ukrainian Real Estate Club.

Photo report on the results of the event

Organizational Partners of Legal Committee of the URE Club