Ukraine publishes draft concept for new Urban Planning Code

The first version of the draft concept for Ukraine's Urban Planning Code has been published, with proposals and comments open until October 1, according to the project's webpage.

"The time has come to codify urban planning legislation. This is evidenced by the frequency and number of piecemeal amendments to laws, the multiplicity of urban planning regulations, numerous gaps and inaccuracies, and, most importantly, society's demand for a new social contract driven by a powerful call for justice – because it is clear that things cannot continue as they were before," the release said.

Overall, the concept proposes solutions to problem areas identified by the Working Group in the following fields: spatial planning, design, construction, operation, decommissioning of real estate, land management in urbanized areas, surveying, restoration, ecology, landscaping, heritage protection, archaeology, education, science, professional certification, housing construction, pricing, insurance, public procurement, financing, compensation mechanisms, transportation, and civil protection. Digitalization cuts across all of these reform areas.

Ukraine faces a major postwar recovery challenge, as the country has lost a massive amount of housing (around 13% according to RDNA4), most agglomerations are located in occupied territories, there is a shortage of specialists due to evacuation and service in the Armed Forces, and the country is experiencing a demographic crisis.

The "build back better" principle adopted at the Lugano Conference is reflected in the Concept through transparent procedures and clear rules, along with new approaches to spatial planning, economic guarantees for the independence of free professions, circular economy principles, and environmental standards. The new rules established by the Urban Planning Code will make it possible to plan and build "better than before" not only during reconstruction but also in regular construction.

The central principle underpinning the Concept's measures is a "human-centered" approach, as well as balancing the interests of all urban planning stakeholders and developing an open market for free professionals. The Concept draws on policy approaches set out in the European Charter of Regional/Spatial Planning, the European Charter of Local Self-Government, the Leipzig Charter on Sustainable European Cities, the New Urban Agenda, and leading European and American practices, introduced to the Working Group by 11 foreign experts from nine countries.

The Concept also emphasizes free competition – expanding competitive practices, protecting copyright, insuring professional risks, and developing self-regulatory organizations in the urban planning sector. This is intended to balance the statutory responsibilities of professionals.

A flexible approach is proposed for preparing spatial planning documentation, with the introduction of concepts and procedures for the entire life cycle of a building, as well as mechanisms for reviving architectural restoration to preserve cultural heritage and restore monuments damaged or destroyed by Russian aggression.

"The Concept of the Urban Planning Code is a comprehensive systemic review of legal norms regulating urban planning and related sectors, as well as economic mechanisms for implementing the main directions of change. It is a reformist code that Ukrainians need," the release said.

The Working Group on the code was established on March 22, 2023, under the Verkhovna Rada Committee on State Power, Local Self-Government, Regional Development, and Urban Planning. In preparing the Concept, the group applied a "bottom-up" approach to policymaking, processing materials from members' meetings. In total, 34 full Working Group meetings, 42 subgroup sessions, and around 30 expert interviews were held.

The Concept was developed with support from the German Agency for International Cooperation (GIZ) project Integrated Urban Development II, the USAID-HOVERLA project, UN-Habitat Ukraine, and the NGO Laboratory of Legislative Initiatives.