When a developer (builder) acquires a plot of land, with which, at first glance, everything is fine, the question immediately arises: will everything be fine when the design of the property begins and obtaining a building permit Will it happen that the commissioning stage will be impossible due to certain characteristics of the land plot and the building If you decide to invest in land or start large-scale construction, forget about the old post-Soviet rule “the main thing is to get a state deed for the land, and then I’m already the owner and build what I want.”. Today, such an approach is a guaranteed ticket to judicial hell or lifelong status as a “self-builder.”.

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First, you need to check the compliance of the characteristics of the land and building with the three current classifiers:.

functional purpose of the territory. After this, we will get an answer to the question whether the city generally allows the construction of such an object in this quarter;

purpose of the land plot. Let's find out whether the site complies with the current codes of the State Land Cadastre;

building type and code. Let’s make sure whether the type of your future structure “fights” with the first two points in the Unified State Electronic System in the field of construction.

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Functional purpose of territories.

Oddly enough, this is the most difficult question, and the information is usually not publicly available.

Previously, cities and villages developed master plans for settlements. For decades, Soviet-style master plans were labeled “For official use” in the offices of chief architects..

Since 2012, cities have been developing zoning - this is a transitional stage from the general plan to European zoning. Zoning determines the parameters for each zone: permitted height (number of storeys), population density, percentage of site development, minimum setbacks from roads and neighboring objects.

Why is this important? During the reign of “pure” master plans, if a businessman wanted to open a small pharmacy on the ground floor in the middle of a residential area, he often had to go through circles of bureaucratic hell, because “the master plan only provides for housing there.”. Zoning legalizes mixed ecological use of territories according to the European model.

The problem here is that the documents for the land plot indicate only its intended purpose and intended use, but there is nothing about the functional purpose of the territory. Moreover, information about development plans for this territory is not easily accessible: it must be specifically sought.

It is probably clear to everyone that no one will officially allow the construction of industrial premises on territory that has residential or recreational functional purposes. Similarly, housing cannot be built in areas with industrial purposes.. It is also prohibited to build housing or industrial facilities in the recreational zone.

Data on the functional purpose of territories is contained in the urban planning cadastre of the territorial community. But there are problems with the publication of these cadastres. Firstly, they are not developed for all communities, secondly, they are not always presented, and thirdly, they are absolutely “user-friendly”, that is, they are inconvenient for users.

Purpose of the land plot.

Each land plot has a designated purpose and intended use specified in the land documents. It would seem that everything is simple: if the purpose is for the construction of an apartment building, then it can be built, but there are pitfalls here.

Each of the categories of land in the Classifier of designated purposes contains types of designated purposes with certain codes, of which there are over 120 types. At the same time, in different periods of Ukrainian independence, codes for the same purpose were different.

Real trash occurs with areas for which certificates were issued before 2010 or even before 1998, when there were no codes. Therefore, firstly, such plots may not have been included in the register of property rights of the Ministry of Justice, and, secondly, if an attempt is made to obtain permission for construction or sale, the system automatically generates an error.

For such areas, the legislation requires “bringing the documentation into compliance,” that is, it is necessary to order new land management documentation in order to enter the current code into the system. Because if the owner wants to develop his land plot, which has an inappropriate code with an inappropriate purpose (simply formulated in other words), then he will be denied a building permit.

Unfortunately, instead of automatically receiving a code from the Central Administrative Office with the corresponding intended purpose, you will have to order documentation from land managers even for six acres of a summer cottage plot.

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Classifier of codes of buildings and structures.

The National Classification of Buildings (NK 018:2023), which replaced the old Soviet Civil Code 018-2000, was put into effect at the end of 2023. This was a large-scale reform designed to solve several global problems at the intersection of construction, IT and European integration.

The main thing is why this new classifier was introduced:.

1) European integration and Eurostat standards;

2) accounting for damage and planning for restoration;

3) elimination of “gray” corruption schemes.

Previously, unscrupulous developers often used the vague wording of the old classifier. For example, a multi-storey residential complex was built under the guise of a multifunctional complex or a hotel with apartments on lands where residential construction is generally prohibited (for example, in recreational or business areas).

National Classifier 018:2023 has brought strict order to this. Outdated Soviet terms were eliminated and new relevant types of structures were introduced (for example, logistics complexes, data centers, modern types of shelters, etc.. ), which previously had to be fit into similar categories.

Residential buildings in NK 018:2023 are divided into single-apartment and multi-apartment. Previously, in the category of single-apartment buildings there was a division into single-apartment mass buildings, cottages, manor-type houses, country houses and gardens, but in the current classification all these categories are combined into “single-apartment residential buildings”. Therefore, another problem arises: you should not think that your garden house, located in a dacha or garden community, has automatically become just a single-apartment residential.

Indeed, in most cases, in dacha and garden cooperatives, land plots were classified as agricultural land - for gardening (individual or collective).

This means that in order to recognize a house not as a garden, but as a residential one, it is necessary: \u200b\u200bfirstly, to develop land management documentation to change the intended purpose of the land from agricultural to the construction of a residential building; secondly, make changes to the ownership of the house. And, of course, first check whether all this corresponds to the functional use of the territory.

To understand what kind of architectural and land absurdity this has in practice, let’s look at classic examples when the three main elements - the function of the territory, the intended purpose of the land and the building code - categorically “do not fight” with each other.

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Example 1. Multi-storey "

Function of the territory according to zoning: ZH-1 (zone of estate residential development).

Purpose of the site: 01. 05 (for individual gardening).

Code of the building that they want to put into operation (according to NK 018:2023): 1122 (mass multi-apartment buildings).

Result: the developer bought six acres in the garden society and built a 5-story club house on them. But it will not be possible to put it into operation. The function of the territory and the purpose of the land “shout” that there should be a private dacha here, and not thirty apartments.

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Example 2. Private villa in resort.

Function of the territory according to zoning: R-3 (recreational zone of recreation and tourism institutions).

Purpose of the site: 07. 01 (for construction and maintenance of tourist infrastructure and catering establishments).

Building code (according to NK 018:2023): 1110 (single-apartment houses, that is, an ordinary private estate).

Result: a man buys a plot near the lake, where the city was planning a recreation center, and builds his own closed three-story cottage there behind a high fence. When it comes to the certificate of readiness, the State Inspectorate of Architecture and Urban Planning (state architectural control) says: “Stop. Where is the hotel or hostel? You have built private housing" The law prohibits the commissioning of an object as an individual house in a recreational area.

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Morality.

Modern Ukrainian legislation is finally moving on European lines. Now the ownership of land and the right to develop it are two completely different things. Another thing is that this is done during the war and at the expense of the owners, but we don’t have it any other way.

Therefore, in order not to be left with a heap of bricks and without a certificate of readiness, before purchasing or designing it is always necessary to check the “holy trinity” of urban planning:.

functional purpose of the territory (zoning);

purpose of the site;

building code according to NK 018:2023.

If at least one element falls out of this chain, the electronic system will simply block your permits, and officials will just throw up their hands.

Therefore, before buying a plot for an ambitious project, spare no time and money for a certified land surveyor or a detailed audit. Because correcting mistakes on paper is much cheaper than demolishing already built floors. Take care of your nerves, money and build according to the rules.

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