Comprehensive recovery of regions and territorial communities
17/05/22
On 12 May, 2022, Ukrainian Parliament passed the Law of Ukraine on Amendment of Certain Laws of Ukraine Regarding the Priority Steps to Reform the Urban Planning Area, draft law registration number 7282 (the "Law").
The Law introduces a new concept of comprehensive recovery of a region, territorial community area or part thereof (the "Recovery Plan"). The Recovery Plan is a document that will define key spatial, urban planning and socioeconomic priorities of recovery policies and include a set of steps to ensure recovery of the respective region, territorial community or part thereof affected by military invasion of Ukraine or having concentrated socioeconomic, infrastructural, environmental or other crisis developments.
The Recovery Plan is not part of city planning documentation. It is developed as a digital document and added to the Construction Activity Register following the format and procedure prescribed by the Government.
Under the Law, development of the Recovery Plan for a region may be initiated by the Head of Regional State Administration and development of the Recovery Plan for a territorial community or part thereof may be initiated by the Executive Authority of a Village, Town or City Council, respectively. There are certain distinctions between the required content of the above plans.
The analysis of a Recovery Plan for a territorial community or part thereof (the "Territory") shows that it must include the following:
- general description of a locality (Territory) for which it is developed
- city planning documentation matters
- analysis of negative impacts of military actions that the Recovery Plan is developed to address
- analysis of negative impacts on the traditional nature of the environment, historical footprint of populated areas, cultural heritage sites
- analysis of resources required to recover the livelihood of the Territory
- details of any required mine clearance, dismantling of demolished buildings and structures, land restoration, etc.
- details of damage inflicted by military actions (to residential buildings, social infrastructure public facilities, etc.
- details of technical and economic feasibility of restoring the damaged assets through reconstruction, restoration, overhaul or repair work
- details of technical and economic feasibility of restoring the damaged assets through new development or proposed construction of new assets to replace those damaged or demolished
- details of site preparation and engineering protection steps required for the Territory
- substantiated proposals to change the designated uses of territories taking into account the existing developments and available city planning documentation
- proposals to amend or develop city planning documentation on the local level
- substantiated proposals to relocate manufacturing facilities
- prioritised action plan to ensure comprehensive recovery of the Territory
- preliminary financial/economic cost estimate to cover the comprehensive recovery activities for the Territory
- proposed sources of finance to fund comprehensive recovery activities for the Territory.
Therefore, it is expected that a range of significant and comprehensive documents will be developed, covering all areas of community activities and post-war recovery.
Prior to approval by a local council, the Territory Recovery Plan is subject to public consultations and authorisation by the Regional State Administration.
As for the preparation, the Territory Recovery Plan may be prepared by an Executive Body of the Respective Village, Town or City Council either in-house or engaging subject matter experts from companies, institutions, organisations.
Preparation of the Recovery Plan may be funded by public funds, international technical assistance and/or returnable or non-returnable financial assistance provided by international organisations.
We hope that territorial communities affected by the invasion will make use of the opportunities provided by the Law to receive effective Recovery Plans.
Contact us
Head of Real Estate, Attorneys Association "PwC Legal in Ukraine"
Tel: +380 44 354 04 04
Managing Partner, Attorneys Association "PwC Legal in Ukraine"
Tel: +380 44 354 0404
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