News

🌐On March 22, 2024, on the СBU platform, Olga Sydorchuk, Head of the CBU Committee on Normative and Legislative Activities, Head of the law firm Sempra Law, member of the Board of Directors of the CBU, held a webinar on the topic "Construction in historical areas of settlements and in monument protection zones".

🏰The participants of the webinar reviewed the peculiarities of the regulation of construction within the historical areas of settlements and in the protection zones of cultural heritage objects.

Thus, in certain settlements that are included in the List of Historically Inhabited Places of Ukraine, special requirements and additional restrictions have been established regarding the implementation of economic activities, in particular, construction. Such restrictions are aimed at preserving cultural heritage sites, including those listed on the UNESCO World Heritage List, preventing their destruction or damage, and ensuring the protection of the traditional nature of the environment in the interests of current and future generations.

🏗️That is why developers must comply not only with construction legislation, but also with monument protection legislation during construction work.

For example, a special building regime is defined in the historical areas of settlements:

🟡The preservation of characteristic architectural techniques/elements and types, dimensions and material of the roof is ensured.

🟡The laying of new railway or tram tracks, highways, main pipelines, the installation of new overhead power lines, the placement of temporary structures connected by the foundation to the earth (soil) for the implementation of business activities, new elements of landscaping (except for means of outdoor advertising, which are placed in compliance with rules approved within the scope of authority by local self-government bodies regarding the types of advertising media taking into account the zoning of the territory and/or their placement in accordance with textual and graphic materials).

🟡The height parameters of new buildings and structures or the reconstruction of existing objects are limited to the height parameters of the adjacent valuable historical buildings located within the historical area of the inhabited place.

🟡Any earthworks are carried out exclusively under the condition of preliminary archaeological investigations, which are carried out in accordance with the procedure defined by the Law of Ukraine 1423-IX of 04/28/2021 "On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of the Management System and Deregulation in the Field of Land Relations" and the normative legal acts adopted in accordance with it.

🟡Projects of urban planning, architectural and landscape transformations, reclamation, road, earthworks, as well as programs and projects, the implementation of which may affect cultural heritage objects, are subject to approval by the cultural heritage protection authorities.

🏗️Olga Sydorchuk noted that certain restrictions on construction also exist within the monument protection zone, and therefore it will be important to analyze each time whether the construction object is located near the monument, and whether the protection zones of such a monument have been approved. This information makes it possible to understand the permissible types of economic activity of the developer and whether, in particular, he can perform construction work within the protection zone.

For example, within the protection zone of the monument and within the territory of the monument, it is prohibited to carry out work on new construction, as well as construction work on existing objects, if the consequence of performing such works is an increase in the height of such an object or an increase of more than 15% of the external geometric dimensions of its foundation, or a reduction in the distance from such an object to a protected monument.

📜The participants of the webinar also discussed that the specified building restrictions are general and can be changed in the separately developed scientific and project documentation of a specific monument.

Olga Sydorchuk additionally spoke about the procedure for entering objects into the State Register of Immovable Monuments of Ukraine, the specifics of developing accounting documentation and compliance with all conciliation procedures.

The full recording of the webinar can be found on the CBU resources (Ukrainian language):

📹YouTube: https://youtu.be/JgU-IjrVL6Q 

📹Facebook: https://www.facebook.com/watch/live/?ref=watch_permalink&v=1087020342525940 

WE WILL WIN AND REBUILD EVERYTHING! 💪

TOGETHER TO VICTORY! 

GLORY TO UKRAINE! 💙💛