The price of legal support

Quite often there are situations when, having a house in their possession, their owners do not have documents for the land plot on which this house is directly located. In this case, the mandatory stage is the completion of the procedure for the privatization of the land under the built house. In this article, we will consider what features this procedure has.

Privatization of land: what needs to be considered?

Privatization of the land under the built house requires its registration in the State Land Cadastre. Important: this option of privatization is allowed under martial law. However, at the same time, it is worth remembering that the presence of a house on a plot of land does not mean an exclusive right to its privatization.

According to Article 377 of the Civil Code of Ukraine, a person who has the right of ownership of a real estate object can use the plot of land on which such an object is located. As for the destination, it remains on the same terms and to the same extent. However, the land on which the house is located is not the property of the owner of the house. That is why it is worth going through the privatization procedure. It allows:

• If necessary, conclude contracts of purchase and sale, gifts, mines.
• Enter the rights of inheritance.
• Build commercial buildings.
• Divide the land into several parts.
• To carry out reconstruction of the building, which will involve the expansion of its geometric forms.

To successfully carry out this procedure, the following conditions must be met:

• Legalization of the house.

The real estate object built on the plot of land must be properly registered. That is, the building must undergo appropriate registration with fixation in the State Register of Property Rights to real estate objects.

In addition, there should be no parts of the house that are at the stage of registration (for example, due to receiving an inheritance, etc.). Ideally, there should be no self-builds on the plot of land.

• Area.

The maximum area depends on the location of the land plot: within the city limits – 0.1 ha; within the village – 0.15 ha; within the village – 0.25 ha.

A plot of land can be transferred to joint partial ownership. At the same time, the share of each co-owner is clearly defined: it is identical to the share of ownership in a condominium.

In order to carry out the privatization procedure, it is necessary to obtain the consent of all owners. Once again, we draw your attention to the fact that privatization is not possible in cases where the house is self-built or not properly registered.

In order to confirm the ownership of the house, the following documents will be required:

• Agreement of sale or gift, Certificate of right to inheritance, etc.
• Extracts and Certificates of ownership registration issued by BTI authorities.

Stages of land privatization

The legalization of the land plot is entrusted to local self-government bodies or to the territorial body of the state land cadastre. These authorities provide permission documents for land allocation. The next stage is the registration of a plot of land for assigning it a corresponding cadastral number.

Therefore, privatization involves the following stages:

• Obtaining a decision on the development of technical documentation. In some cases, a diversion project may be required. We are talking about land that was owned by the state.
• Conducting land management works for registration of relevant documents.
• Registration of a plot of land in the land cadastre.
• Submitting a petition to local self-government bodies. Based on this petition, a decision is issued to transfer the land into private ownership.
• Registration of ownership of a plot of land.

We suggest considering the terms of the procedure. You will need about one month to consider the request. The decision that can be made as a result: granting a permit or refusing to develop the project (at the same time, justified justifications must be indicated).

2 weeks are allocated for the approval of the land plot project. Registration also takes 2 weeks. In practice, independent privatization of a land plot can last more than one year.

Collecting all the documents and going through the long procedure of privatizing the land under the built house is quite difficult. It is better to entrust this matter to real professionals.

The real estate specialists of our Prykhodko and Partners law office will be able to help you with this. You will not need to waste your precious time on lengthy bureaucratic red tape. We work exclusively to achieve the desired result. Our real estate specialists have all the necessary tools for the prompt privatization of land.

Do you have any other questions? We are waiting for a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a real estate lawyer, fill out the form below.