Feedback from the public

ESR

2.5.2.2. Historical and architectural reference plans with boundaries and conditions of use of cultural heritage protection zones and historic areas, as well as the mapping of such boundaries, have been developed and adopted

Problem solving:

2.5.2. The absence of public information on cultural heritage sites and conflicts in urban development and landmark protection laws result in abuses and development of cultural heritage sites.

Deadlines for all measures within ESR

01.03.2023 - 31.03.2025

Implementation of SACP measures within ESR

Total number of measures – 2

1 1

Partially implemented Not started

Implementation of SACP measures within the scope of the Problem by main main performers

Ministry for Communities and Territories Development of Ukraine

Ministry of Culture and Strategic Communications of Ukraine

100%

Summarized general information on Measures

№	Name of the measure	The main implementer	Co-implementors	Performance indicator	Monitoring results (latest)	Статус
1	2.5.2.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing improvements to the procedure for developing and using historical and architectural reference plans (which involves amending the Land Code of Ukraine, the Laws of Ukraine On the Protection of Cultural Heritage, On the Regulation of Urban Development Activities, On the State Land Cadaster, and other legislative acts), which: 1) defines the concept and composition of a historical and architectural reference plan, specifically by stipulating that historical and architectural reference plans must establish the legal conditions of usage of historic areas of population centers and the boundaries and conditions of usage of cultural heritage site conservation zones, which have been approved by research and design documentation, the need to draw such boundaries in situ, as well as establishing detailed restrictions on development of land plots in a format suitable for automated verification of compliance with them; 2) stipulates that local self-government bodies shall order the development of historical and architectural reference plans, which shall take effect after being approved by the central executive authority tasked with shaping and implementing public policy on the protection of cultural heritage; 3) stipulates that historical and architectural reference plans serve as input data for preparing or updating the relevant urban development documentation in historic population centers; mandates the inclusion of restrictions prescribed by the historical and architectural reference plan in the urban development documentation and their observance during urban development activities; 4) defines a clear procedure for amending historical and architectural reference plans (which depends on the status of cultural heritage and does not depend on the need to make changes to urban development documentation for other reasons), stipulates that it is mandatory to make changes to urban development documentation (and establishes the time frame for making such changes) in the event of adoption / modification of the historical and architectural reference plan, approval of boundaries and usage conditions; stipulates that the boundaries and conditions of usage of cultural heritage site conservation zones and historic areas—once approved by the relevant cultural heritage protection authority—must be considered when formulating and issuing urban development conditions and restrictions, developing and approving design documentation for construction, performing construction, issuing permits and approvals by the cultural heritage protection authority, and must be considered when determining the planning restrictions within urban development documentation while it is being prepared, updated, or modified; 5) establishes a time frame for updating historical and architectural reference plans in accordance with new requirements; 6) mandates the publication of historical and architectural reference plans in the electronic register of cultural heritage sites (specifies the responsible officials and time frames).	Ministry for Communities and Territories Development of Ukraine	Міністерство культури та стратегічних комунікацій України	The draft law has been submitted to the Parliament of Ukraine.		Not started
2	2.5.2.2.2 All approved historical and architectural reference plans have been made public in the electronic register of cultural heritage sites.	Ministry of Culture and Strategic Communications of Ukraine		The electronic register of cultural heritage sites has been put into operation with full functionality.	The measure was implemented late and partially	Partially implemented

Indicators of achievement of ESR

Total number of indicators – 1

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 1

Summarized general information about Achievement Indicators

№	Indicators	Weight (%)
№	Indicators	Weight (%)	1	The law on improvements to the procedure for developing and using historical and architectural reference plans (which involves amending the Land Code of Ukraine, the Laws of Ukraine On the Protection of Cultural Heritage, On the Regulation of Urban Development Activities, On the State Land Cadaster, and other legislative acts) has taken effect, which: a) defines the concept and composition of a historical and architectural reference plan, specifically by stipulating that historical and architectural reference plans must establish the legal conditions of usage of historic areas of population centers and the boundaries and conditions of usage of cultural heritage site conservation zones, which have been approved by research and design documentation, the need to draw such boundaries in situ, as well as establishing detailed restrictions on development of land plots in a format suitable for automated verification of compliance with them (20 percent); b) stipulates that local self-government bodies shall order the development of historical and architectural reference plans, which shall take effect after being approved by the central executive authority tasked with shaping and implementing public policy on the protection of cultural heritage (5 percent); c) stipulates that historical and architectural reference plans serve as the groundwork and input data for preparing or updating the relevant urban development documentation in historic population centers; mandates the inclusion of restrictions prescribed by the historical and architectural reference plan in the urban development documentation and their observance during urban development activities (5 percent); d) defines a clear procedure for amending historical and architectural reference plans (which depends on the status of cultural heritage and does not depend on the need to make changes to urban development documentation for other reasons), stipulates that it is mandatory to make changes to urban development documentation (and establishes the time frame for making such changes) in the event of adoption / modification of the historical and architectural reference plan, approval of boundaries and usage conditions; stipulates that the boundaries and conditions of usage of cultural heritage site conservation zones and historic areas—once approved by the relevant cultural heritage protection authority—must be considered when formulating and issuing urban development conditions and restrictions, developing and approving design documentation for construction, performing construction, issuing permits and approvals by the cultural heritage protection authority, and must be considered when determining the planning restrictions within urban development documentation while it is being prepared, updated, or modified (20 percent); e) establishes a time frame for updating historical and architectural reference plans in accordance with new requirements (30 percent); f) mandates the publication of historical and architectural reference plans in the electronic register of cultural heritage sites (specifies the responsible officials and time frames) (20 percent).	100%

ESR