Land access has been eased for alternative energy facilities with the adoption of the Law of Ukraine No. 2628-VIII of 23 November 2018, amending the Ukrainian Tax Code and certain other legislative instruments of Ukraine to improve fiscal management and to review certain tax rates (the “Law“) (as effective since 1 January 2019), and Law of Ukraine No. 2314-VIII of 1 March 2018, introducing oil and gas sector deregulation amendments to certain legislative instruments of Ukraine (the “Deregulation Law“) (as effective since 1 April 2018).
The Law specifically authorises, with effect from 1 January 2019, that alternative energy installations (solar, wind, air and thermal, geothermal, hydrothermal, wave and tidal, hydro, biomass, and organic waste energy and energy of biogas coming from sewerage cleaning stations) may be built on industry, transport, communications, energy, defence and other land, whatever their designated purpose is.
In addition to energy land, the following land may therefore be used for building alternative energy facilities without changing its designated use starting from 1 January 2019:
- industry land, code 11;
- transport land, code 12;
- communications land, code 13; and
- defence land, code 15.
Additionally, the Deregulation Law introduced amendments to Article 24 of Ukrainian Urban-Planning Regulation Law No. 3038-VI of 17 February 2011 providing that a land plot may be allocated for building transport and energy infrastructure facilities (such as roads, bridges, elevated roads, electric power transmission lines, and lines of communications) without any detailed plan of the territory or zoning plan. This virtually means that no detailed plans of the territory are any longer required for land allocated to build infrastructure facilities.
The legal novelties will significantly facilitate and accelerate the implementation of alternative energy projects