Section 3
Spatial Planning Process
Management of Urban Planning Activities:
In accordance with Article 6 of the Law on Regulation of Town Planning Activity, the management in the field of urban planning is carried out by the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the central executive body forming state policy in urban planning, the central executive body implementing state policy in urban planning, the central executive body implementing state policy on state architectural and construction control and supervision, bodies of state architectural and construction control, other authorized bodies in urban planning and architecture, local state administrations, and local self-government bodies.
Decision-Making on Planning and Development:
Decisions on planning and development of territories are made by village, town, and city councils and their executive bodies, district and regional councils, and the Kyiv and Sevastopol city state administrations within the law-defined powers, taking into account the requirements of urban planning documentation.
Financing of Spatial Planning Works:
Article 10 specifies that financing of territory planning works at the state level and the conduct of priority research is funded by the State Budget of Ukraine. Financing of territory planning works in the Autonomous Republic of Crimea, regions, districts, territories of territorial communities (including settlements), districts in cities, quarters, and other parts of the territory of the respective territorial community, and the conduct of urban planning monitoring are financed from the funds of respective local budgets, funds of international technical and/or financial assistance, including grants.
Regulation of Spatial Planning and Development of Territories:
In accordance with Article 9.1. Of the Law On regulation of Town Planning Activity, regulation of spatial planning and development of territories is carried out by adopting normative legal acts, rules, state, and industry building standards, national (state) standards, and codes of established practice.
Spatial Planning Monitoring:
In accordance with the Law of Ukraine "On Regulation of City Planning Activity" and the order of the Ministry of Regions 01.09.2011 No. 170, "About approval of the Procedure for conducting special planning monitoring", the authorized body of urban planning and architecture must carry out every year spatial planning monitoring.
Spatial planning monitoring is defined as a system of observations, analysis of the implementation of spatial planning documentation, assessment and forecast of the state and changes of spatial planning objects, which are carried out in accordance with the requirements of spatial planning documentation and aimed at ensuring the sustainable development of territories with taking into account state and public interests.
The results of urban planning monitoring are constantly entered into the urban planning cadastre as a digital set of geospatial data and drawn up in the form of an analytical report.
Ukrainian Spatial Planning Documentation Subordination
Spatial planning at the state level
Urban planning at the state level is carried out by developing the General Planning Scheme of the territory of Ukraine, planning schemes of individual parts of the territory of Ukraine, as well as making changes to them.
The procedure for developing and making changes to urban planning documentation is regulated by the Order of the Ministry of Regional Development, Construction, and Housing and Communal Services of Ukraine No.290 of 2011 "On Approval of the Procedure for Urban Planning Documentation Development."
The composition and content of documentation at the state and regional levels are determined by DBN B.1.1-13:2021 "Composition and content of urban planning documentation at the state and regional levels"
Urban planning documentation at the state level is subject to state examination.
The General planning scheme of the territory of Ukraine, approved by the Law of Ukraine "On the General Scheme of Planning the Territory of Ukraine" No. 3059-ІІІ dated 07.02.2002, defines priorities and conceptual solutions for planning and use of the country's territory, improvement of settlement systems and ensuring sustainable development of settlements, development of production, social, engineering and transport infrastructure, formation of a national ecological network taking into account the economic, geographical, historical, ecological, demographic features of the regions.
The provisions of the General Scheme correspond to the principles of the final documents of the United Nations Conference on the Development of Settlements (HABITAT-II) and the relevant recommendations of the UN European Economic Commission and the Council of Europe.
The General Scheme consists of text and 27 graphic schemes, in which:
the results of the analysis of the use of the territory of Ukraine are given;
the main areas of use of the territory of Ukraine are defined;
proposals for the implementation of the General Scheme are outlined.
The General Scheme holds significant importance for the development of both individual regions and local territorial communities. It sets forth state requirements and priorities that must be considered in local-level planning. This primarily includes the alignment of international transport corridor routes integrated into the TIN system, the placement of objects within the National Ecological Network (Emerald Network of Ukraine) integrated into the European NATURA 2000 system, as well as the positioning of major energy and industrial facilities, among others.
The successful implementation of the General Scheme in Ukraine hinges on the proactive involvement of the Cabinet of Ministers. The key responsibilities undertaken by the Cabinet to ensure effective execution:
Preparation and submission of draft legislative acts pertaining to territorial utilization to the Verkhovna Rada for approval.
Integration of General Scheme decisions into the formulation of economic and social development forecasts, state programs, and sector-specific development schemes.
Oversight of various state programs addressing land use, public health, environmental conservation, engineering, and transport infrastructure, as well as heritage preservation and tourism development.
Facilitation of monitoring efforts to track General Scheme implementation progress and analyze changes in priority territorial utilization areas.
Decision-making authority in the development of planning schemes for specific regions within Ukraine.
The implementation of the General Scheme was scheduled for two stages: 2001-2010 and 2011-2020.
War Changes
In 2023 the Ministry of Community Development, Territories, and Infrastructure in Ukraine underscores the urgency of adapting the General Scheme of Ukraine to navigate the post-conflict reconstruction and development of Ukraine's spatial infrastructure as well as to align with European integration processes. Consequently, adjustments must be made to several key highlights of the General Scheme, notably:
Defining the spatial framework of the state in the postwar period, prioritizing integration into the European Community.
developing a revised transport scheme to accommodate changes in transport corridors and reduce congestion in major cities.
Overhauling the energy supply system to decrease reliance on Russian energy sources and promote the adoption of energy recovery technologies.
Optimizing the structure of the economic complex, including the relocation and diversification of production in the Western region and occupied territories.
Revising the settlement system to address population redistribution across Ukraine.
Implementing measures for environmental stabilization and the mitigation of conflict-related consequences.
Establishing new directions for the development of large cities and agglomerations in the altered landscape.
Planning schemes for certain parts of the territory of Ukraine
Planning schemes of certain parts of the territory of Ukraine include Cross-border planning schemes, schemes of regions, the coasts of the Black and Azov seas, the mountainous regions of the Carpathians, territories exposed to radioactive contamination as a result of the Chornobyl disaster, etc. and are developed exclusively by decision of the Cabinet of Ministers of Ukraine.
For example, the purpose of the development of the Planning scheme of the territory of the coast of the Black and Azov seas was to identify strategic urban planning problems and determine the direction of development of the coastal territories regarding their prospective use for health and recreational purposes. The scheme envisages:
development of the planning organization of the territory in terms of rational use of natural resources,
development of the health and recreation industry,
environmental protection,
protection of territories from dangerous geological and hydrogeological processes,
development of transport and engineering infrastructure of the coast.
The planning schemes of certain parts of the territory of Ukraine are approved by the decision of the clients of such schemes and are subject to state examination.
Spatial planning at the regional level
Spatial planning at the regional level is carried out by developing spatial planning schemes of the Autonomous Republic of Crimea, regions (24 oblasts) and districts (135 rayons) or individual parts.
Decisions on the development of planning schemes for the territory of the Autonomous Republic of Crimea, oblasts, and districts or on making changes to them or their individual sections are made by the client - the Verkhovna Rada of the Autonomous Republic of Crimea, or the relevant regional or district council.
The organization of the development and introduction of changes to the planning schemes of the territory of the Autonomous Republic of Crimea, oblasts and districts is carried out respectively by the Council of Ministers of the Autonomous Republic of Crimea, regional and district state administrations.
Planning schemes of the territory of the Autonomous Republic of Crimea, oblasts and rayons are approved by the decision of the relevant councils after receiving the positive conclusion of the spatial planning documentation expertise and entering the relevant data into the Spatial Planning Cadastre.
As specified in the Law, Article 15, the implementation of planning schemes for the territory of the Autonomous Republic of Crimea, regions and districts is carried out through the development, approval and implementation of relevant economic and social development programs.
In addition, the Council of Ministers of the Autonomous Republic of Crimea, regional and district state administrations ensure monitoring of the implementation of territory planning schemes of the Autonomous Republic of Crimea, regions and districts and, in case of changes in socio-economic indicators, on the basis of which territory planning schemes were developed.
Planning schemes for regions and districts
Schemes identify the primary utilization of territorial resources, considering national objectives and the concerns of neighboring administrative-territorial entities such as transportation, economic advancement, significant regional social facilities, and essential water and energy infrastructure. They define and strengthen crucial environmental protection zones, offering direction for the formulation of comprehensive plans and general city plans.
The planning scheme defines strategic decisions on the main areas of economic and territorial development of the region:
resettlement,
economic complex,
planning the development of territories,
rational use of natural resources, protection of the natural environment,
development of engineering and transport infrastructure,
stages and mechanisms for ensuring the implementation of the regional territory planning scheme.
Conceptual solutions for the planning and use of the territory of the region or district are implemented through the purposeful activity of regional and local executive authorities, local self-government bodies, which must use the materials of the Scheme when determining the main tasks of projects and programs of social and economic development, programs for land protection, public health protection, environment protection, development of engineering and transport infrastructure, formation of a national ecological network, development of resorts and tourism, preservation of historical and cultural heritage.
The administrative reform and decentralization efforts have resulted in a significant consolidation of district territories, approximately tripling their size, and a reduction in their number from 490 to 135. Consequently, certain functions previously held by districts have been transferred to territorial communities, while others have been elevated to the regional level. Despite these changes, only 16.8% of district planning schemes have been developed in Ukraine over the past 25 years, signaling a lack of engagement from district authorities.
War Changes
In 2023, the draft order of the Ministry of Community Development, Territories and Infrastructure of Ukraine "On approval of the Procedure for the development of urban planning documentation at the state and regional levels" was published to replace the existing order No. 290 from 2011.
The key changes in the state and regional spatial planning process include:
1. Developing spatial planning documentation using updated cartographic data in electronic format, containing sets of profile geospatial data in the USK-2000 state geodetic coordinate system and a unified system for classification and coding of spatial planning objects to form spatial planning cadastre databases.
2. Decisions on planning schemes for specific regions of Ukraine, such as coastal areas, mountainous regions, and areas affected by the Chernobyl disaster, are made by the Cabinet of Ministers. Planning schemes are commissioned by the Verkhovna Rada of the Autonomous Republic of Crimea and relevant regional councils, and their approval is determined by the clients of these schemes.
3. Public notification of decisions to develop or amend spatial planning documentation is made by publishing them on the official website of the respective authority and through official letters to the executive committees of villages, towns, and city councils of territorial communities affected by the proposed planning.
4. Consideration of residents' interests in territorial communities affected by the development or amendment of spatial planning documentation is ensured through review by authorized bodies of spatial planning and architecture at the community level, as well as electronic consultations with the public.