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20.03.2026
CHANGE OF LAND USE DESIGNATION. Three Practical Mechanisms for Implementing Industrial Projects
Volodymyr Prystai, Partner at TOTUM LF
The material was prepared for the LIGA.ZAKON portal and published at:
https://biz.ligazakon.net/analitycs/242982_zmna-tslovogo-priznachennya-zeml-tri-roboch-mekhanzmi-dlya-promislovikh-proktv
Over the past five years, lawmakers have introduced a significant number of amendments to land legislation. These changes have also affected the mechanisms for changing the designated purpose of land plots.
Thus, while until July 2021 only the traditional approach—through land management documentation—was available, today several alternative mechanisms are accessible depending on the specific circumstances.
Preliminary Step
Before initiating the procedure for changing the designated purpose of land, it is advisable to analyze the applicable urban planning documentation for the relevant plot. This includes, in particular, the functional zoning, restrictions established by the Master Plan, Zoning Plan, and Detailed Territory Plan for the location, as well as the Classifier of Functional Purpose Types of Territories and their correlation with land use categories.
The classification of land plots into specific categories and designated purposes must comply with the Classifier and the rules for its application.
Example:
To assign a land plot an industrial designation (code 11.02 — for размещение and operation of buildings and structures of processing, machine-building, and other industries, including waste processing facilities with energy generation components), the functional zoning under the applicable urban planning documentation must be defined as “industrial territories” (industrial enterprises, logistics centers, warehouses, etc.).
If such alignment is confirmed — you may proceed with one of the following mechanisms.
Option 1: “Traditional”
Despite legislative updates, the possibility of changing the designated purpose through the development and approval of a land management project remains valid.
Implementation steps:
(a) Obtaining approval from the local authority or executive body for the development of a land allocation (designation change) project for state- or municipally-owned land;
Note: For privately owned land plots, such a project is commissioned directly by the owner without prior approval.
(b) Concluding an agreement with a certified land surveyor for geodetic and land management works;
(c) Obtaining an extract from current urban planning documentation;
(d) Development of the land management project;
(e) Approval of the project by the competent authority;
(f) внесення відповідних змін до the State Land Cadastre regarding the designated purpose.
Option 2: “Simplified”
The current version of the Land Code of Ukraine (para. 23 of Transitional Provisions) allows landowners (and, in certain cases, users) to change the designated purpose without developing land management documentation:
- if data on the functional zone is already included in the State Land Cadastre;
- or, prior to such inclusion — based on an extract from urban planning documentation specifying the functional zone and all applicable restrictions.
Implementation steps:
(a) Obtaining an extract from urban planning documentation;
(b) Engaging a certified land surveyor to update cadastral data;
(c) Submission of an application to the cadastral registrar;
(d) Adoption of a decision to amend the designated purpose in the Cadastre.
However, it should be noted that within settlements where a Detailed Territory Plan is approved, such a mechanism may not fully comply with legislative requirements. Therefore, there is a risk of refusal by the cadastral registrar.
This is due to inconsistencies in legislation, as the relevant provision formally applies to land plots located outside settlements.
Important: Extracts must comply with the requirements established by the procedure for maintaining the Unified State Electronic System in the Construction Sector.
Option 3: “Special”
Law No. 3563-IX significantly simplified the procedure for changing the designated purpose of land plots located outside settlements.
Under this mechanism, the owner must:
- Obtain a reasoned opinion from the urban planning and architecture authority regarding compliance with land use restrictions (essentially a special form of planning conditions);
- Submit an application to update the designated purpose in the State Land Cadastre.
Following this, the cadastral registrar makes the соответствующее decision.
No land management documentation is required.
Important: This mechanism is temporary and applies during martial law and for five years after its termination.
Limitations
This procedure applies only to specific types of development, including:
- industrial and warehouse buildings;
- non-residential agricultural structures;
- инженерная infrastructure (pipelines, communication and power lines, excluding trunk pipelines);
- industrial complexes.
It cannot be applied to land belonging to protected природные areas, cultural heritage lands, water фонд, recreational, forest, or health-related land categories.
Conclusion
The occupation of parts of Ukraine’s eastern and southern regions, ongoing hostilities, and the resulting destruction of infrastructure have led to significant losses in industrial capacity.
Government programs supporting processing industries and industrial parks, along with expanded mechanisms for changing land use designation, represent a necessary and rational policy framework aimed at revitalizing industry, increasing production capacity, and strengthening the national economy.
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