Relations in the field of spatial planning are regulated by the Constitution of Ukraine, the Civil, the Economic, and the Land Code of Ukraine, the Laws of Ukraine “On the General Scheme for Planning the Ukrainian Territory”, “On regulation of City Planning Activity” and “On the Principles of Town Planning”, “On Architectural Activity”, “On Comprehensive Reconstruction of Quarters of Obsolete Housing Stock”, “On Land Management”, state building codes and other legal acts.

In Ukrainian legislation, the terms "City planning activities" and "Spatial planning" are clearly differentiated with specific definitions provided in relevant laws. 

According to the Law of Ukraine on the Principles of Town Planning (1992), city planning activity encompasses purposeful efforts by various entities to create and maintain a comprehensive living environment. This involves activities such as forecasting settlement and territory development, planning, construction, use of territories, design, creation of engineering infrastructure, and more. 

The Law of Ukraine on the Regulation of City Planning Activities (2011) further establishes the legal and organizational principles of city planning activity and is aimed at ensuring sustainable development of territories with due consideration of state, community, and private interests. It defines planning and development of territories as the activity involving forecasting development, rational resettlement, determining sustainable development directions, justifying land distribution, coordinating state, community, and private interests, zoning, creating development regimes, developing city planning and project documentation, constructing and reconstruction of the objects and infrastructure. The law emphasizes the preservation, creation, and restoration of recreational and nature conservation areas, as well as the creation of a barrier-free living environment. Provisions for construction monitoring, city planning cadastre management, and control implementation in the field of city planning are also included. 

In essence, the Ukrainian term "City planning activities" is synonymous with "Urban development," encompassing management, urban planning, and land development. This alignment is underscored in the subsequent law, which includes sections specifically addressing the management, the objects and subjects of spatial planning, and the regulation of land development and construction.

The term “Сity planning documentation” is deciphered by law as approved text and graphic materials on the regulation of planning, development, and other use of territories and combines spatial planning documentation, land management documentation; and documentation for new construction, reconstruction, restoration, and repairs of objects.

Both laws emphasize sustainability. The Law On the Regulation of City Planning Activities, in its preamble, articulates the objective of city planning activity as being aimed towards ensuring the sustainable development of territories. Simultaneously, the Law On the Principles of Town Planning dedicates a complete Article #19 to the assurance of sustainable development for settlements and ecological security of territories during the planning and construction activities.

War Changes

The Law of Ukraine “On the Legal Regime of Martial Law” was imposed as of February 24th, 2022, and was set to last until at least May 20th of 2024. This Law has impacted the rights of Ukrainian citizens, the way laws are enforced, the activity of public authorities and local governments, and has impacted development, land use, resource use, and planning on the regional and city level.

Under Ukraine's martial law, military administrations assume control over local administration powers, overseeing:

• Local budgets

• Management of communal land

• Town-planning conditions and restrictions on land development

• Decisions concerning land relations and development planning.

Martial law is not the only law change since the war started, but it plays a significant role in the ability to plan and develop land, especially in severely impacted areas.

Other changes are the introduction of the Concept of Integrated Development of Territorial Communities and the Comprehensive Territory Recovery Program.

The Concept of Integrated Development of Territorial Communities is a strategic planning document that can be developed in accordance with the Order at the request of a local self-government body with the involvement of local residents, economic entities that are registered and/or carry out economic activities on the territory of the relevant territorial community or intend to carry out such activities within of the relevant territory, and determines the long-term, interdisciplinary, spatial and socio-economic priorities of the development of the territory, are the initial data for the development of urban planning documentation at the local level based on the principles of sustainable development.

The latest changes in the legislation regarding the development of spatial planning documentation provide for the development of the Concept at the pre-project stage. The absence of strict requirements regarding the form and methodology of developing the Concept provides an opportunity to adapt to the requirements and needs of a specific community. The presence of the Concept strengthens the community's position in competitions for participation in grant programs of international donor organizations.

The Comprehensive Territory Recovery Program requirements, as outlined in the Cabinet of Ministers Resolution dated October 14, 2022, No. 1159, establish key spatial, urban planning, and socio-economic priorities to facilitate the recovery of specific territories and communities through modern development approaches, aligning with Ukraine's Sustainable Development Goals. It targets areas affected by armed aggression or socio-economic crises, prioritizing projects based on long-term community development goals. According to the principles of integrated planning, various factors should be considered, providing comprehensive proposals covering spatial planning, environmental protection, infrastructure development, and financial planning. Not classified as urban planning documentation, the program isn't subject to strategic environmental assessment or architectural and urban planning council review.

Initial projections suggest that approximately 425 territorial communities are expected to develop a Comprehensive Territory Recovery Program.

The most important changes in the field are expected as a result of the development and implementation of the New Urban Code, work on which began in 2023 by the Verkhovna Rada of Ukraine Committee on State Power, Regional Development, Local Government and Urban Planning as an attempt to reorganize a legal framework for urban development and spatial planning. It will cover legal relations (Code), technical regulations (State Building Codes), and advances in technology (market), providing a comprehensive framework in this area.

A multi-disciplinary and multi-country working group has been formed and has been meeting regularly since mid-2023. The tasks of the new UrbanCode are:

• Systematization of legislative acts, preparation of a single codified act that includes the laws of Ukraine related to urban development

• A fair balance of interests between urban development entities

• Focus on the best European practices, taking into account Ukraine’s intentions to join the EU

• Development of spatial planning in the process of restoring Ukraine to create safe, functional, sustainable, environmentally friendly, and aesthetic cities and towns

A work process and outline have been developed by the working group, and URAG’s Ukraine partner, Ro3kvit: Urban Coalition for Ukraine, has been participating in, and providing inputs to, the working group. At the beginning of 2024, the concept of the Urban Code is being worked out, then it will be handed over to the Verkhovna Rada committee for work and probably can be adopted by the end of 2025.