Change of purpose of the land plot
What is the intended use of a land plot?
In accordance with Article 1 of the Law of Ukraine "On Land Management", the intended use of a land plot is the permitted use of a land plot in accordance with the legally established requirements for the use of land of an appropriate category and a certain type of intended use.
The basis for determining the land plot's designation is its belonging to an appropriate category of land and an appropriate method of use. In accordance with Article 19 of the Land Code of Ukraine, the lands of Ukraine are divided into the following categories according to their main designation
a) lands of agricultural purpose;
b) lands of residential and public construction;
c) lands of natural reserve and other lands of nature conservation purpose;
d) lands of a health-improving purpose;
e) lands of recreational purpose;
f) lands of historic and cultural purpose;
g) lands of historic and cultural purpose; g) lands of the water reserve; h) lands of the water fund;
h) lands of the water fund;
l) lands of industry, transport, electronic communications, energy, defence and other purposes.
Classification of types of land intended designation (hereinafter - the CLO) within each land category as determined by the Order of the State Committee of Ukraine for Land Resources No. 548 dated 23.07.2010 and developed in accordance with the Land Code of Ukraine, the Law of Ukraine
"On Land Management" and Regulation on the State Committee of Ukraine for Land Resources
, approved by the Cabinet of Ministers of Ukraine No. 224 of 19.03.2008.
The code and designation of land are used to ensure recording of land plots by type of designation in the state land cadastre.
The ECCNZ is used by state authorities, local self-government bodies, organizations, enterprises, institutions to keep records of lands and to generate reports on land resources.
The EISC defines division of land into separate types of land intended designation, which are characterized by their own legal regime, ecosystem functions, types of development, and types of especially valuable objects.
The use of a land plot for its intended purpose is one of the main requirements of the current land legislation of Ukraine, but it does not always coincide with the wishes of users.
Why is it important to use the land for its intended purpose?
The notion of "use of a land plot for purposes other than its designated purpose" refers to those cases where a land plot with a certain designated purpose is used for activities that go beyond the designated purpose as defined in the land allocation documentation and in fact the land plot is used for other needs (for example, your land plot is designated as a residential building, but you use it to produce building materials, which means you actually engage in business for the construction of a house).
This is one of the basic characteristics of any land plot and it determines its legal status. Thus, the basis for determining the intended use of a land plot is that it belongs to the appropriate category of land and has a corresponding mode of use. Accordingly, any other use will be regarded as non-purpose and entail legal liability.
Non-purpose use of a land plot may be grounds for premature termination of the lease agreement and forced termination of the right of ownership of the land plot in a judicial procedure.
Thus, pursuant to Article 143(a) of the Land Code of Ukraine, termination of the right of ownership of a land plot shall be effected in court in the event of use of the land plot for purposes other than its designated purpose.
Article 211 of the Land Code of Ukraine establishes a list of violations of the land legislation of Ukraine, which entail civil, administrative or criminal liability.
One of the violations of the land legislation of Ukraine is failure to use land for its intended purpose.
Such an offence is punishable under Article 53 of the Code of Administrative Offences of Ukraine. Thus, use of land for purposes other than its intended purpose shall be punishable with a fine from five to twenty-five untaxed minimum incomes of citizens and by a fine from fifteen to thirty untaxed minimum incomes of citizens for officials.
Criminal liability for misuse of land shall be incurred in the case of
1. Unauthorised use of land (Article 254 of the Criminal Code of Ukraine)
2. Contamination or spoilage of land (art. 239 of the Criminal Code of Ukraine)
3. Other crimes against the environment.
Thus, use of a land plot for its designated purpose is a mandatory requirement of the legislation and in case of desire to change such use (in case of such theoretical possibility, because it is not always possible) it is necessary to change such designated purpose in accordance with the rules and regulations established by the current legislation of Ukraine.
The process of changing the designation of a land plot
The process of changing the designation of a land plot is similar to the process of allocation of a land plot, except for some peculiarities.
In the first place, what is important is the type of right under which you own the land plot, either on the right of private ownership or on the right of use.
Because in accordance with the rules of Art. 20 of the Land Code of Ukraine, to change the intended purpose of the land plot, which is in use requires permission of the executive authority or local government, which is the manager of the relevant lands (as a rule it is the body which gave you the land for use) to develop documents on land management to change the target purpose, and in case the land belongs to you on the right of private ownership ta
Further, if you are the owner, you should address in land management organization and order the project of land management on allocation of a land plot (the corresponding type of documentation on land management is developed both in case of allocation of a land plot and in case of change of its target designation).
If you are a user (lease, permanent use), you must obtain permission from the disposer of the respective land plot (body of executive authority or local government body) to develop the land management project. The procedure for obtaining such permission is the same as for obtaining a land plot for use, the only difference being that you must note in your application that you request to change the designation of the land plot which is already in your use, and you must clearly indicate the code and type of designation which you need according to the Land Plot Designation Classifier - LPTDC.
We pay your attention that it is not always possible to change the designation of a land plot to any other and it is necessary to choose KVTSPZ with care so that you do not have to apply for the corresponding permission several times and to pay for preparation of the land use planning documentation.
Documents required to change the designation of a land plot
For a privately owned land plot:
1. Application for change of designation of a land plot which must be notarised. It is on the basis of such an application that the land management project shall be prepared;
2. A document certifying ownership of the land plot designated for changing its purpose;
3. Identity documents proving identity of land plot owner (passport and TIN);
4. Documents of title to immovable property and technical passport (if any);
5. Any documents and materials relating to the plot which are available;
6. Additional documents to be determined after consultation with a specialist of our company
For a plot of land that is in use:
1. Permission to develop a land plot allotment project (decision of the state or local government body and additions thereto);
2. Statutory documents of a legal entity, or registration documents of an individual entrepreneur, or passport, TIN of an individual;
3. Documents of title to immovable property and technical passport of buildings and structures located on the land plot (if available);
4. Any documents and materials relating to the plot which are available (previous documents for land, sketch plans for building, etc.).
5. Additional documents may also be required, which shall be determined after consultation with a specialist from our company;
The procedure for changing the designation of a land plot (stages):
1. Collection of initial data and the above-mentioned documents required for development of the land management project;
2. Conclusion of an agreement on development of the land management project with payment for the relevant works;
3. Elaboration of land management project;
4. Approval of the land management project (if necessary);
5. Approval of the land management project by the administrator of the respective land as determined by Article 122 of the Land Code of Ukraine (as a rule, the authority which provided the respective land plot for ownership or use);
6. Incorporation of respective data on change of designation into the State Land Cadastre on the basis of the decision on approval of respective land management project;
7. Application to the State Registrar of Rights to Real Estate for entry of relevant information on the change of designation of the respective land plot into the State Register of Rights to Real Estate.
The cost of services for the development of land use planning documentation to change the designated purpose depends on many factors and is determined separately for each land plot, the minimum cost of such work in our company starts at 4000.00 UAH.