Technical documentation (project)

Technical documentation (project)

Author

Perepelchenko Anatolii

Technical documentation (project)

The Land Code of Ukraine stipulates that the land allotment project is mandatory for the formation of such (privatization or lease of land).

The formation of the project of allotment of the land plot is a fundamental stage at registration of the property right to the land plot.

Consider the step-by-step procedure for assigning land ownership.

The first step is to obtain permission to develop a land allotment project.

The person wishing to carry out the allotment of the land plot is the first step is to apply to the local OTG, on the territory of which the land plot is located. 

The following shall be attached to such a statement:

• Excavation from the approved general plan of the settlement or the detailed plan of the territory;
• Graphic materials of the desired location of the land plot;
• Certified copy of passport;
• A copy of the identification number is certified.

According to the current legislation, within a month such an application must be considered and a decision made on granting permission to develop a project.

The second step is to prepare a land allotment project.

It is necessary to apply to the land management organization, which employs certified surveying engineers with a decision on granting permission to develop a project for the manufacture of such.

According to the changes that were introduced in May 2021, the project of allotment of land is agreed only in certain cases provided by law. As an example, the allocation of forest lands.

Although there is an exception for common purposes (construction and maintenance of a dwelling house, gardening, personal farming), no harmonization is provided.

The third step is to register the land in the cadastre.

With the entry into force of the Law of Ukraine “On State Land Cadastre” there are two stages:

• Registration of land in the State Land Cadastre;
• Registration of ownership of land in the State Register of Rights to Immovable Property.

This land plot is registered in the State Land Cadastre by the land management organization, which together with the application submits to the state cadastral registrar a land management project for land allotment and a special electronic exchange file (XML file).

As a result, a cadastral number is assigned to the land plot and an extract with the assigned cadastral number is issued, which is a further document for registration of ownership of the land plot.

The fourth step is the approval of the land allotment project.

The interested person, for approval of the project of allotment of the land plot, addresses to the same OTG which gave the permission for development of the project of land management and to receive the decision on the statement of such.

The fifth and final step is the registration of ownership of land in the state register of rights to real estate

The interested person applies to the center for the provision of administrative services at OTG and submits the following documents: 

• the original decision of the council of deputies of OTG on the approval of the land management project; 
• the original extract from the GOK on the registration of land; 
• copy of passport; 
• a copy of the code and a receipt for payment of registration services.

As a result of this procedure, the state registrar issues an extract from the State Register of Real Property Rights.

Our team of lawyers is ready to help you in resolving your issue, as well as provide advice for detailed analysis.