Should alterations to flat be approved by the State Aviation Service?

15-03-2019

Do you live near the airport and can’t put up with aircraft noise any longer? Have you decided to re-design your flat and use it as office space?

Slow down if you live in the Boryspil district. Legal regulations are interpreted differently there. In particular, in case of alterations to flat, the city council requires to agree such works with the State Aviation Service. And this despite the fact that only certain facilities determined by the relevant resolution should be agreed in this way. And flats in Khrushchev-era apartment blocks are not included in this list.

That is because the Boryspil airport expanded the list approved by the Cabinet of Ministers to all construction works within a radius of 50 kilometers (!!!) by own letter. Just think of it, this is the whole Kyiv.

Do you think it’s a joke? No, this is a particular situation. Moreover, the Air Code stipulates that “Conditions of development, use of land and facilities and implementation of activities referred to in paragraph 2 of this article in aerodrome environs should be determined by local self-government bodies in accordance with the law as long as specifically agreed by an aerodrome operating entity and an authorized civil aviation body”.

In such a way, it is city councils who should agree on aerodrome environs development conditions when preparing urban planning documents instead of each real estate developer doing it separately.

BRDO experts have analyzed the regulatory environment in this area. So, in our opinion, an adequate chain of defining aviation restrictions should be like this: the State Aviation Service submits restrictions schemes to local authorities, and they approve them as a component of local urban planning documentation. And developers will receive these restrictions as part of urban planning conditions and restrictions instead of trying to get individual approvals.

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