Change of purpose of land plot from OSG to construction

There are many situations when it is necessary to change the purpose of land. Quite often we are talking about territories of the category of "personal farm" (OSG). In most cases, this may be necessary to begin construction of a real estate object. This process itself is quite complicated. In this article, we will consider such an issue as changing the purpose of a land plot from OSG to construction.

Stages of transferring a land plot from OSG to construction

Today, Ukraine has a simplified procedure for making changes to the functional purpose of a plot. It began with the introduction of martial law in Ukraine.

Article 20 of the Land Code of Ukraine states the following: the purpose of a certain territory can be changed on the basis of submitting a relevant application. In this case, it may not always be necessary to develop a land management project. However, no one has canceled the entry of relevant information into the State Land Cadastre. That is why a contradiction arises: until the moment there is a need to enter this information, the development of a land management project will also be required.

Changing the functional purpose is not accompanied by obtaining any permits.

Among the stages of the procedure:

• Submitting an application.

It is on the basis of the application that a decision is made to change the purpose of the land plot.

This application must be certified by a notary. A land management project is developed on its basis.

• Development of a land management project.

At this stage, a contract is concluded with a company that employs land management engineers.

The terms are up to one month. This time is allocated for entering all the necessary data and developing land management documentation. Project approval is possible only in cases specified in the Land Code of Ukraine.

In order to transfer a land plot from OSG to construction, a general plan and zoning plan will be required. These documents can be provided by authorized local authorities.

• Approval of the project.

The implementation of this stage is within the jurisdiction of local governments.

If an unsatisfactory decision is made (rejection is received), it can be appealed in court.

• Entering information into the State Geocadastre.

This is confirmed by a corresponding extract.

At the final stage, an Extract from the State Register is formed. In the future, the land can be used for a new purpose.

Under martial law in Ukraine, a simplified procedure for changing the functional purpose of land was adopted. Certain amendments were recently adopted to Law No. 2247-IX and relate, first of all, to the development of agricultural activity, the placement of internally displaced persons, and the evacuation of enterprises.

Bill No. 9627 also stipulates the application of a simplified procedure for land plots located outside settlements for the location of facilities that contribute to the strengthening of the Ukrainian economy.

Legal support for transferring the functional purpose from OSG to construction

To significantly facilitate the procedure for changing the functional affiliation, it is better to use the support of professional lawyers.

However, in some cases, it is impossible to make changes to the functional purpose. This is, for example, about:

• Maintaining an individual peasant farm.

Starting construction on such a plot of land is impossible without going through the procedure. The general plan may indicate that the land is used exclusively for public needs. In such cases, it is only possible to change the type of land plot indicated in the general plan.

• The presence of a road near the plot.

In this case, it is possible to change the purpose of the land plot. However, first you need to divide and use the desired part of the land.

In all other cases, the procedure is carried out according to general rules.

Real estate lawyers of our office Prykhodko and Partners provide turnkey services for changing the functional purpose of land: from consulting to obtaining arbitrary documents.

We work to achieve the highest quality and, at the same time, prompt results. You can trust us. This is evidenced by the reviews of our clients.

Our lawyers have many years of experience in real estate. We are ready to take on all the difficulties that accompany the procedure of transferring a plot from OSG to construction. You will not need to waste such precious time and nerves on lengthy bureaucratic red tape. Our lawyers are true professionals in their field!

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services for changing the purpose of a land plot, fill out the form below.