Is it possible to build on agricultural land without changing its
The conditions for construction of agricultural land are described in Regulation 2 for construction of agricultural land under the Law on ownership and use of agricultural land when its use is not changed. In such cases, it is permitted to construct buildings related to the use the land, as follows:
1. For property with size up to 10 acres - one farm building with built-up area of 35 sq. m for storage of agricultural production and inventory, including living space, which have no permanent status and are not to be paid upon expropriation and consolidation of the land ;
2. For property with size larger than 10 dka: farm buildings, structures and facilities for storage of plant and animal production and residential buildings for occupancy by households of the owners of the land and/or persons who produce agricultural products from the agricultural land.
There are many restrictions which prevent building on agricultural land, for example, if agricultural land falls within areas with limited construction in the industrial, resort and villa areas defined by the construction and regulatory plan or ring polygon, etc.
Building on agricultural land with size up to 10 dka is allowed based on a sketch where the main architect of the municipality marks the location of the intended building; for land larger than 10 dka the architect has to mark the location of the building ground as well. The size of the sketch should not be less than 1: 500 with sufficient range to determine whether the intended building fits the environment.
Building on agricultural land with size more than 10 dka is based on planning permission in accordance with the structural plans. When there are no plans, the building decisions are accompanied by justifications for socio-economic, technical and environmental acceptability of the proposed construction. The building decisions are made by qualified designers on geodetic surveyor-scale basis not less than 1: 2000.
Besides the project decision for location of buildings in the yard for construction, the owner needs to present separate plan for the existing buildings and facilities in the neighboring properties.
The dimensions of the construction shall be determined taking into account the following:
1. the wish of the owner of the land;
2. location and size of the property in the land and access from dirt and other roads;
3. restrictions on the use of agricultural land described in the documents for the restoration of ownership;
4. building traditions in the area;
5. specific climate, soil, water, sanitary protection, landscape and environmental conditions for the territory;
6. opportunities for more compact construction through deployment neighborhood or grouping of buildings - in the notarized consent of the owners of adjacent properties;
7. opportunities for power, communication and transport services, drinking water and water for agricultural production, disposal, treatment and discharge of waste water.
The size of the building ground could be up to 10% from the size of the land owned by a person or company.
The built-up area of buildings (farm and residential buildings, structures and facilities) cannot be more than 15 % of the area of the building ground.
Buildings on agricultural land larger than 10 dka are designed according to high-tech functional requirements; not more than two floors. For plots smaller than 10 dka the height of the construction is 3 meters to the eaves.