For businesses, land is more than just a plot on a map. It is a question of the speed of project launch, access to infrastructure, and, ultimately, the cost of implementing the investment. That is why, in practice, the same question often arises: is it possible to use agricultural land not for cultivation, but for decentralized energy supply projects or other industrial facilities? In certain cases it is possible. A simplified mechanism for this is provided for in paragraph 27 of Section X “Transitional Provisions” of the Land Code of Ukraine and paragraph 9-3 of Section V “Final Provisions” of the Law of Ukraine “On the Regulation of City Planning Activities.”

It’s not just any plot of land, though. The simplified procedure applies for land outside a populated area where there is no approved local urban planning documentation for the territory, and the plot itself is not classified as environmental protection, historical and cultural, water, recreational, health resort, or forest land.

Land tenants may initiate a review of the issue of changing the intended use through the relevant land administrator. If the plot does not fall into the categories of land for which such a change is not permitted, the authorized body for architecture and urban planning may provide an opinion on the feasibility of locating the relevant facility. This opinion serves as the basic grounds for the subsequent change in the intended use of the land plot.

A request for conclusion is submitted through the Unified State Electronic System in the field of construction. For privately owned land, the request is submitted by the landowner; for municipally owned land, by the executive body of the local council; and for state-owned land, by the authorized executive authority.

The application must specify the exact type of structure to be built, its main parameters, and its engineering requirements. The review process takes 10 business days. Based on the results, the authorized body for architecture and urban planning issues a reasoned conclusion – either positive or negative. If the conclusion is positive, it is submitted to the state cadastral registrar along with an application to change the land use designation. A separate land management project is not required in this case.

Therefore, this simplified procedure makes it possible to more quickly rezone certain agricultural lands for decentralized energy supply projects or other industrial facilities; however, the practical process always begins with an inspection of the land itself, an assessment of its restrictions, and an application to the authorized body for architecture and urban planning.

Considering the ongoing cooperation with communities in the region, DIA can also assist businesses in identifying investment sites and properties that align with the needs of the investment project and its technical specifications. For more information, please contact us at info@dia.dp.ua.