Main points
- It is prohibited to build structures and plant trees over utility lines, as well as to change the terrain of the land without approval.
- Landowners may claim compensation through easements or for damages from work performed, as well as a tax reduction due to restrictions on the use of the land.
Communications under the garden / Photo Unsplash
Landowners may face restrictions due to underground utilities. The law clearly defines what can and cannot be done in protected areas, and also provides for compensation.
What is prohibited from being done with land where communications are located?
Lawyer Olena Bondarenko told Channel 24 that in Ukraine, land plots under which engineering communications pass are subject to special restrictions. According to Articles 111 and 112 of the Land Code, protection zones are established in such places, where clear rules for land use apply.
Within such zones, the owner is prohibited from:
- Build structures : capital buildings, fences on the foundation, garages or even temporary objects (kiosks, warehouses) directly above the networks.
- Plant trees and shrubs : roots can damage pipes or cables; for gas pipelines and sewers, the distance to trees should be at least 1.5 meters.
- Change the terrain : conduct deep plowing (usually deeper than 0.3-0.45 m without approval), light fires, or create landfills.
Olena Bondarenko
Lawyer, RELIANCE Dispute Resolution Practice
Also, no excavation work can be carried out there: any digging within the protection zone requires written permission from the company that operates the networks.
The size of the security zone is calculated in both directions from the communications center:
- Water and sewerage. Usually this is 5 meters on each side of the pipe. If the pipes are laid in special conditions (for example, wet soil), the zone may be 3 meters.
- Electrical cables underground. The safety zone is 1 meter on each side of the cable.
- Gas pipes. For ordinary low-pressure municipal gas pipelines, the zone is 2 meters in each direction. If the pressure is medium or high, it expands to 4 or 7 meters.
- Gas mains. These are large, high-pressure pipes that run between cities. The protection zone here is critical and ranges from 100 to 350 meters, depending on the diameter of the pipe.
What compensation is provided for land owners?
According to the lawyer, several types of compensation are provided for land owners:
- Easement fee : The owner has the right to demand the establishment of a paid land easement. This is a regular or one-time fee for the organization to use the land for its networks. The amount is determined by agreement or through the court.
- Compensation for damages : If the organization carries out repair or emergency work, it is obliged to compensate for the cost of destroyed crops, damaged fences, or deterioration of soil quality.
- Tax reduction : The fact of restricting the use of a plot may be grounds for revising its cadastral value, potentially reducing the amount of land tax.
What should the owner do?
First, you need to check the documents : order an extract from the State Land Cadastre to see officially registered restrictions and easements.
Then you need to establish an easement : if there are communications but no contract, you need to contact the owner of the networks with a proposal to conclude a paid easement agreement.
It is also necessary to record violations : if the repair crew entered the garden without warning or did not restore the fertile soil layer, draw up a report on the damage caused with the participation of witnesses or representatives of local authorities.
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