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Perepelchenko Anatolii

Deputy Managing Partner

Lawyer, specializing in real estate, corporate, tax, civil and contract law, as well as litigation.

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OBTAINING URBAN CONDITIONS AND RESTRICTIONS. THEORY AND PRACTICE

During the design of the construction, the developer must obtain urban planning conditions and restrictions (MUR) – this norm is enshrined in the law № 3038-VI “On the regulation of urban planning activities” dated 17.02.2011.

MUO defines the requirements for:

  • density and height (number of storeys) of the structure;
  • the boundaries of the site;
  • deviations of buildings and structures from certain lines;
  • improvement;
  • other components of design and construction.

For your information! In connection with the entry into force of amendments to Law № 3038-VI from 01.03.2020, the emergence of a new state regulator in the field of architecture and urban planning – the State Inspectorate for Architecture and Urban Planning (DIAM), operating from 16.09.2021, as well as the introduction of the Unified State Electronic System in the field of construction (EGESB) until 01.12.2021, developers cannot always fully navigate the procedure for obtaining an MUO.

So that you do not waste time on mistakes, the specialists of the real estate and construction practice at Prikhodko & Partners are ready to provide the necessary explanations and take on the task of obtaining an MUO. Please contact us, we are always in touch during business hours!

Legislative basis for obtaining MUR

The procedure for obtaining an MUO is regulated by Article 29 of Law № 3038-VI. Based on the provisions of the article, in order to obtain a document, the developer can contact the CNAP or the Department of Construction and Architecture of the corresponding settlement. MUO is issued free of charge.

Important! The list of documents for obtaining an MUO includes:

  • free form application;
  • a copy of a document on the ownership / use of land or a long-term lease agreement (superficies);
  • excavation from the topographic and geodetic plan M 1: 2000;
  • an extract from the State Land Cadastre indicating the cadastral number of the land plot;
  • during reconstruction – a copy of the document on ownership of the property located on the site, or the consent of its owner for construction work.

Difficulties for the developer associated with urban planning conditions

As practice shows, the main reason for the refusal of the authorized body to issue MUOs is the inconsistency of the intentions of development with the requirements of urban planning documentation. Usually we are talking about the discrepancy between the purpose of the land.

If this is an industrial area or a recreational area, it is impossible to build a housing complex on such a site.
In this case, the functional purpose of the site is fixed in the zoning plan / detailed plan of the corresponding territory. These documents are approved by the relevant decisions of the executive body of the local council. There are times when these plans are not developed at all and / or not approved. It seems that there is no way to check whether the intentions of the construction of the urban planning documentation correspond. On this basis, the developer may receive a refusal to issue an MUO.

There are many examples of controversial situations. However, in the overwhelming majority they have a solution with professional legal support.

So that you do not waste time on mistakes, the real estate and construction specialists of Prikhodko & Partners are ready to provide the necessary explanations and / or take on the task of obtaining an MOU. Contact us – we are always in touch during business hours!

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