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SOIL REMOVAL PERMITS HAVE BEEN CANCELLED

Starting from 26.11.2021 the Law No. 1423-IX abolishes special permits for removal and transfer of soil cover of land plots as well as affirmation and approval of working land management projects on these issues (1).

Land owners and users are stipulated to have the right to carry out removal and relocation of the soil cover of land plots solely on the basis of the working draft of land management developed in accordance with the procedure established by law (2).

Working land management projects should be developed based on the decision of the land plot owner (3) or land user (4), approved by their customers (5) and in the vast majority of cases do not require additional approval (6).

Thus, starting from 26.11.2021 there will be no need to obtain a permit for removal and transfer of the fertile soil layer during construction, reconstruction or major highway repair, and the extent of such removal will be specified in the working draft of the land management.

Rules for development of working land management projects must be approved by the Cabinet of Ministers of Ukraine (7). The draft Resolution was published on 10.09.2021 for public discussion on the official website of the Ukraine State Service of Geodesy.

In addition, we note that from 26.05.2022, the state control over the use and protection of land, apart from the Ukraine State Service of Geodesy and State Ecological Inspectorate of Ukraine, will also be implemented by the villages’, settlements’ and cities’ councils’ executive bodies within the powers defined by law (8), if the relevant council has made a decision to execute such control (9).

  1. Amendments to: Part Two of Article 168, Articles 186, 186-1 of the Land Code of Ukraine, Article 53-3 of the Code of Ukraine about administrative offenses;
  2. Part two of Article 168 of the LCU as amended by the Law of Ukraine No. 1423;
  3. Concerning the lands of state and communal property – the decision of the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the relevant body of executive authority or local self-government;
  4. Part two of Article 54 of the Law of Ukraine “On Land Management” as amended by Law No. 1423;
  5. Part four of Article 186 of the LCU as amended by the Law of Ukraine No. 1423;
  6. Working projects of land management, envisaging the implementation of measures on land plots of state and communal property located in areas or territories of natural reserve fund, their protection zones, lands reserved for reserves, coastal protective strips, other areas of ecological network, are approved by the executive authority of the Autonomous Republic of Crimea in the field of environmental protection, a structural unit of the relevant regional, Kyiv or Sevastopol city state administration.
  7. Part five of Article 54 of the Law of Ukraine “On Land Management” as amended by Law of Ukraine No. 1423;
  8. Article 6-1 of the Law of Ukraine “State control over land tenure and protection of land”;
  9. Part one of Article 19 of the Law of Ukraine “On Land Protection” as amended by Law of Ukraine No. 1423.

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