Court confirms validity of urban planning conditions for Park Life residential complex near Solomiansky Park

Court ruling in favour of the developer

On 7 October 2026, the Kyiv District Administrative Court (KDAC) ruled to dismiss the claim filed by the State Inspectorate for Architecture and Urban Planning of Ukraine (DIAM). The inspectorate had sought to challenge the urban planning conditions and restrictions (UPCR) issued by the Department of Urban Planning and Architecture of the Kyiv City State Administration (KCSA) on 24 September 2019 for the design of facilities at 1–3 General Shapoval Street, near Solomiansky Park.

The applicant for these documents was Smart-Development LLC, which leases the relevant plots. The validity of the UPCR is critical for the construction permit issued in 2021 by the State Architectural and Construction Inspectorate (SACI) to Smart-Development LLC and its partner, CityBuildAlliance LLC. These companies plan to build the Park Life residential complex under the brand of developer RIEL. The project was previously named CitiZen and was positioned as an aparthotel, but was later rebranded.

Grounds for inspection and suspension of documents

In March 2024, DIAM conducted an unscheduled inspection of the activities of the KCSA Department of Urban Planning and Architecture. On 15 March of the same year, the inspectorate suspended the UPCR, having identified a number of violations. In particular, experts noted that the wording "multifunctional" purpose was too vague and did not provide a clear understanding of the functionality of the premises, complicating decision-making without additional clarifications.

It was also established that two of the three plots (0.08 ha and 0.186 ha) included in the Detailed Territory Plan (DTP) are located within the boundaries of streets and roads where the construction of hotel, office, or multifunctional facilities is prohibited. Another plot of 1.19 ha partially belongs to public green spaces, and the DTP does not provide for residential development in this area.

The key violation was the failure to reflect in the UPCR the fact that three of the four plots were classified as landslide-prone territories. According to DIAM, this led to a soil slide of approximately 1,000 cubic metres on 14 October 2023 during slope trimming on the 1.19 ha plot. The work was carried out in violation of the anti-landslide regime. The documents also lacked notes on land use restrictions due to protective zones for engineering communications and energy facilities.

Court arguments and expertise

Despite the inspectorate's objections, the KDAC dismissed DIAM's lawsuit, which was filed in May 2024. Among the court's arguments were the results of a judicial construction-technical expertise and a land management study, which confirmed that the development intentions complied with local-level urban planning documentation. Smart-Development LLC also cited its previous court victory in a case challenging DIAM's decision to suspend the UPCR.

History of land plot acquisition

The process of transferring the land began in 2018. On 20 September, the Kyiv City Council, by resolutions No. 1442/5506 and No. 1438/5502, approved the transfer of two plots at 3 Mechanizatoriv Street (now General Shapoval Street) to Smart-Development LLC on a 10-year lease. The first plot (0.059 ha) was allocated for the construction of a multifunctional complex, hotel, and offices, while the second (0.08 ha) was for transport infrastructure. On 11 October 2018, the city council, by resolutions No. 1870/5934 and No. 1869/5933, transferred two more plots at 1 Mechanizatoriv Street to the company: one (1.19 ha) for 10 years, and another (0.186 ha) for 5 years for a transport enterprise. The basis for the non-competitive acquisition of the land was stated to be the company's ownership of real estate in these territories since 2011.

In 2019, the KCSA Department of Urban Planning and Architecture issued UPCR for the design of buildings for hotel, office, and multifunctional purposes. The document specified a maximum building height of 223.9 metres, but the number of floors was not fixed. In 2021, the SACI issued a construction permit providing for the development of two plots (1.19 ha and 0.08 ha) with a total building area of 98,300 sq. m, including an aparthotel of 18,200 sq. m. Sigma-Building LLC acted as the general contractor.

Resident protests and soil slide

The construction triggered active resistance from residents of the Solomianskyi district. The first protests began in December 2021, and shortly after the construction permit was issued, petitions appeared on the websites of the Kyiv City Council and the President demanding a halt to the development and the inclusion of part of the land in Solomiansky Park. Residents complained about increasing population density, a shortage of schools and hospitals, and the possible felling of trees in the park for cable laying.

The climax was the soil slide on 14 October 2023, which damaged a pedestrian alley in the park. The KCSA demanded that the developer investigate the causes and eliminate the consequences. Smart-Development LLC assured that it would eliminate the consequences of the "force majeure situation" at its own expense. Around 2022–2023, the project changed its name from CitiZen to Park Life, and the developer became the RIEL group.

According to the LUN portal, the complex is to consist of three buildings (16 and 22 storeys, 741 apartments) and a parking lot for 486 cars. The housing class is business.

Court proceedings regarding leases and DTP

In addition to the dispute with DIAM, a number of other court cases are ongoing. In 2019, the prosecutor's office of the Solomianskyi district challenged the Kyiv City Council's decision to transfer the 0.059 ha plot, citing that the land area significantly exceeded the area of the company's existing property (22 sq. m), and that the plot was located in a sanitary protection zone. In April 2021, the Cassation Commercial Court upheld the prosecutor's claim, and the plot returned to communal ownership.

In December 2022, the NGO "Let's Save Solomiansky Park" filed a lawsuit to cancel the construction permit, arguing that residential development did not correspond to the land's intended purpose (public development). In June 2024, the Sixth Administrative Court of Appeal suspended the construction permit, and the cassation court confirmed this decision, thereby prohibiting construction work.

The NGO also challenged the approval of the DTP regarding the plots on General Shapoval Street. In July 2025, the KDAC dismissed the claim, but the appeal review is ongoing.

Another important case concerns the cancellation of Kyiv City Council resolution No. 1870/5934 on the lease of the 1.19 ha plot. The NGO claims that part of the land belongs to the park and communal warehouse territories, and that obtaining the lease without a tender was unlawful, as it should have related only to the operation of existing buildings, not new construction. This case is "shifting" between commercial and administrative courts. In June 2026, the Cassation Commercial Court again referred the case to the appellate court for review.

Owners of the construction companies

Smart-Development LLC was registered in 2011. The head is Tetiana Kravchenko. The company's founders are Kyiv residents Vladyslava Seliuk, Nikita Seliuk, Alexander Seliuk, Denis Seliuk (all Austrian citizens), and Oleksandr Omelchenko. The ultimate beneficiaries of this LLC are Vladyslava Seliuk and Oleksandr Omelchenko. The latter is the son of the late former mayor of Kyiv, Oleksandr Omelchenko. Oleksandr the younger himself was a People's Deputy of the IV–V convocations from the Our Ukraine party. The Omelchenko family's group of companies includes over 30 enterprises in the real estate sector.

CityBuildAlliance LLC (co-applicant for the construction) was registered in 2010. The owners are Mykola Terekh (Korop village, Chernihiv region) and Andrii Chykun (Pyatka village, Zhytomyr region), who is also the company's head. Before Terekh became a co-owner, 50% of the company's rights belonged to Yuri Bilohon (Sokilnyky village, Lviv region), who retains influence over the company. Bilohon is also linked to the RIEL group: he was the owner of RIEL-Direct LLC and the director of SophiaBuildInvest LLC. Until 2024, the owner of Studio-Lada PP (co-founder of CityBuildAlliance) was Roman Tarasyuk, who was a co-founder of the NGO "RIEL Biker Club", headed by Rostyslav Melnyk – the owner of the RIEL developer.