Obtaining a land plot in private ownership

According to Article 14 of the Constitution of Ukraine - The right of ownership of land is guaranteed. This right is acquired and exercised by citizens, legal entities and the state solely in accordance with the law.

According to Article 121 of the Land Code of Ukraine - Citizens of Ukraine have the right to a free transfer of land plots from state or communal land ownership in the following amounts

(a) For farming - in the amount of the land share (parcel) determined for members of agricultural enterprises located on the territory of the village, settlement or city council where the farm is located. If on the territory of a village, settlement or city council there are several agricultural enterprises, the size of the land share (parcel) is determined as an average for these enterprises. If there are no agricultural enterprises on the territory of the respective council, the size of the land share (unit) shall be determined as an average for the district;

b) for private farming - not more than 2.0 hectares

c) for gardening - not more than 0.12 hectares

d) for construction and maintenance of dwelling houses and household buildings and structures (home garden) in villages - not more than 0.25 hectares; in villages - not more than 0.15 hectares; in cities - not more than 0.10 hectares

e) for construction of individual vacation homes - not more than 0.10 hectares;

g) for construction of individual garages - not more than 0,01 ha.

Part 6 of Article 118 of the Land Code of Ukraine, established that citizens interested in obtaining free of charge ownership of land from state or communal land ownership for farming, keeping private farms, gardening, construction and maintenance of houses, farm buildings and structures (garden plots), individual holiday home construction, construction of individual garages within the rules of free privatization, shall submit an application to the relevant state or municipal authorities for land plot privatization. The application shall indicate the designated use of the land plot and its approximate size. Graphical materials with the desired location of the land plot, approval of the land user (in case of withdrawal of a land plot used by other persons) and documents confirming work experience in agriculture or education at an agricultural educational institution (in case of allocation of a land plot for farming) shall be attached to the application. If a state-owned land plot is located outside of settlements and is not a part of a certain district, the application is submitted to the Council of Ministers of the Autonomous Republic of Crimea. Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, bodies of executive authority or bodies of local self-government, which transfer state or communal land plots for ownership in accordance with the powers established by Article 122 of this Code, shall be prohibited to require additional materials and documents not provided for by this Article.

An relevant body of executive authority or local self-government which transfers land plots in state or municipal ownership pursuant to the authority established by Article 122 of the present Code shall consider the request within one month and issue a permit for the development of the land plot allocation project or submit a substantiated refusal to provide it. The ground for refusal to grant such permission may be only non-compliance of the location of the object with the requirements of laws, regulatory and legal acts adopted in accordance with them, general plans of residential settlements and other town-planning documentation, schemes of land structure and feasibility studies for use and protection of lands of administrative-territorial units, projects of land structure for regulation of territories of residential settlements approved in an order established by law.

According to paragraphs 1,2 of Article 118 of the Land Code of Ukraine - a citizen interested in privatization of land within the rules of free privatization in their use, including the land on which is a house, outbuildings, structures in its ownership, shall submit an application to the relevant executive authority or local authority which transfers state or municipal land ownership in accordance with the powers vested in it, op. cit.

The application shall be accompanied by technical documentation on land management for establishing (restoring) borders of the land plot in kind (on the ground) developed in accordance with the Law of Ukraine "On land management" and ordered by a citizen without providing a permit for its development.

In the case determined by part one of the present article, an relevant body of executive authority or local government within one month after receipt of the technical documentation on land structure for the establishment (restoration) of borders of a land plot in kind (on the ground) shall decide on its approval and transfer of the land plot into ownership or a reasoned decision on refusal.

A land structure project for the allocation of a land plot shall include

a) an explanatory note;

b) materials of geodetic surveys and land structure design (in the event of formation of a land plot);

c) calculation of the amount of losses in agricultural and forestry production (in cases provided for by law)

d) calculation of the amount of losses of land owners and land users (in cases provided for by law)

e) a list of restrictions on the use of the land plot;

g) cadastral plan of the land plot.

In the case of forming a land plot or changing the designated use of a land plot for development-related needs, an extract from the respective city planning documentation specifying the functional zone of the territory within which the land plot is located and restrictions on the use of the territory for city planning needs shall be attached to the project. These requirements do not apply to cases where, in accordance with the law, the transfer (provision) of land plots from state or municipal property into ownership or use by individuals and legal entities for urban planning needs may be carried out in the absence of the specified urban planning documentation or without compliance with the rules of correlation between the type of intended purpose of the land plot and the type of functional purpose of the territory as defined by the relevant urban planning documentation.

- Original of the decision of the state or executive authority (which is the administrator of the land from which the desired land plot is provided) on granting permission for the development of land management documentation with the graphic material indicating the location of the land plot to be allotted;

- A copy of the identity document of the person to whom the permission to develop land management documentation has been granted (passport);

- Copy of identification number of the person to whom the permission to prepare land management documents has been granted;

- Copy of the application that has been submitted for the relevant permit for the development of land management documentation.

- Contact any of our production departments with the documents as per the list above for consultation and approval of terms and cost of works;

- Conclusion of a contract for land surveying works;

- Determination of the date and time for geodetic works on the ground to establish the boundaries of the land plot planned for allocation;

- Development of the land management project and its approval by the client;

- If there are adjacent land plots (neighbours), submit the land management project to the customer of the land management works for approval of the common boundary with the respective owners and/or users;

- After approval of the land management project by the ordering party, approval of the common boundary of the land plot to be allotted with the adjacent owners and/or users and, if necessary, approval of the land management project by the authority authorised to develop land allotment documentation, the respective land management project in electronic form together with the data exchange file in XML format is submitted for registration of the land plot in the State Land Cadastre

- After the cadastral number has been assigned to the land plot, the land management works are considered completed and, as a result, the land management project in hardcopy together with the excerpt from the State Land Cadastre on registration of the land plot is submitted to you;

- After you have received from us the project of land management and the excerpt from the State Land Cadastre on registration of the land plot, you have to submit the relevant documents to the authority which has issued the permission for the elaboration of the land management documentation, for approval and transfer of the land plot to you for private ownership;

- After receipt of the decision of the respective body for approval of the land management project and transfer of the land plot into your ownership you need to apply to the State Registrar of Immovable Property for registration of the right of ownership to the land plot in the State Register of Immovable Property, following which you will be issued an extract from the State Register of Immovable Property Rights, after which the privatization procedure is finished and you are the rightful owner of the land plot

a) assignment for preparation of technical documentation on land structure;

b) explanatory note;

c) materials of topographic and geodetic works;

d) cadastre plan of the land plot;

e) list of restrictions in use of the land plot;

g) information on installed boundary markers.

- Original of the documents certifying ownership of the dwelling house, buildings and structures (including technical passport of BTI) owned by the customer of such documents on land management; if there are several owners, the documents certifying ownership of each of them are required;

- Copy of the identification document of the owner of a dwelling house, buildings and structures (passport); if there are several owners in accordance with the law, the customer of such land management documents must be all co-owners and, respectively, the necessary documents certifying the identity of each of them;

- Copy of identification number of the person(s) owning the residential building(s), buildings and structures;

- Contact any of our production departments with documents according to the list above for consultation and agreement of terms and cost of works;

- Conclusion of an agreement on execution of land surveying works;

- Determination of the date and time for geodetic works on the ground to establish the boundaries of the land plot planned for allocation;

- Development of technical documentation and its approval by the client;

- If there are adjacent land plots (neighbours), submit the technical documentation to the customer of the land management works for agreeing the common boundary with the respective owners and/or users;

- After agreeing the technical documentation with the client of works, agreeing the general boundary of the land plot planned for allocation with the adjacent owners and/or users, the relevant technical documentation in electronic form together with the data exchange file in XML format is submitted for registering the land plot in the State Land Cadastre for assigning the cadastre number;

- After the cadastral number has been assigned to the land plot, the land management works are considered completed and the technical documentation in paper format together with an excerpt from the State Land Cadastre for the registration of the land plot are submitted to you as a result of their performance;

- After we have received the technical documentation and the excerpt from the State Land Cadastre for registration of the land plot, you have to submit the relevant documents to the authority that is the administrator of the land from which the respective land plot has been granted, for approval and transfer of the land plot to you for private ownership;

- After receipt of the decision of the respective authority on approval of the technical documentation and transfer of the land plot into your ownership you need to address the State registrar of rights to real estate for registration of the right of ownership to the land plot in the State register of rights to real estate, following which you will be issued an extract from the State register of rights to real estate, after which the privatization procedure is finished and you are the rightful owner of the land plot.