How to lease land from the KMDA – registration of land lease from the state in the city of Kyiv?

Despite the fact that martial law was introduced in Ukraine, there are quite a lot of people who want to lease land from the state, in particular, in the city of Kyiv. In this article, we will consider how to rent land in the KMDA.

Legislative framework of the issue

Provision of land lease services from the state in the city of Kyiv is regulated by the Land Code of Ukraine. Documents to be prepared:

• Statement.
• Land management documentation.
• Conclusion of the state examination.

Submission of documents and receipt of conclusions is carried out through the Administrative Services Department of KMDA.

Innovation in the issue of registration of land lease

In accordance with the innovations under martial law, land lease contracts are concluded by district military administrations. That is, there is no need to make changes to the State Register. It is enough to introduce changes of the military administration - KMDA to the Book of registration of use and ownership of land. After the end of martial law, this Book is transferred to the State Service of Ukraine for Geodesy, Cartography and Cadastre.

In the process of concluding a land lease agreement, the annual amount of rent is determined. The rental price is established in accordance with the current legislation at the time of the conclusion of the contract.

In order to register a lease agreement, the lessor must submit an application in electronic form. A copy of the contract and copies of documents are attached to this application.

Registration of land lease from the state in the city of Kyiv is carried out within 5 working days from the day when the application was submitted. The grounds for refusal may be non-compliance of the submitted documents with the requirements of the current legislation.

It is also worth paying attention to the following: Law No. 2145 significantly simplifies the procedure for leasing land that is in state or communal ownership.

Among the features of the simplified transfer of land plots:

1. The lease agreement is concluded for one year.
2. The amount of the rent is fixed (no more than 8% of the normative monetary assessment of the value of the land).
3. Registration of the contract, not the right of ownership.
4. The contract is canceled one year after its conclusion.
5. Development of technical documentation is carried out according to a simplified version.

In what cases is renewal of the land lease agreement in the KMDA?

Representatives of the Department of Land Resources point out that renewing or refusing to renew the land lease agreement in the state KMDA belongs exclusively to the jurisdiction of the Kyiv City Council.

Provided that the tenant paid the rent in good faith all the time and managed to submit a request for the renewal of the lease agreement of state land in a timely manner, the Department of Land Resources must submit a draft decision on the renewal of the lease agreement.

The next step is consideration of this project by the specialists of the Kyiv City Council. In turn, deputies of the KMDA can make appropriate amendments or proposals to submitted draft decisions during their consideration at plenary meetings and commissions of the Kyiv City Council.

Assistance of lawyers in registration of land lease from the state in the city of Kyiv

It is quite difficult to prepare all the necessary documents for renting land from the state on your own. Lawyers Prykhodko and Partners will help to significantly simplify this task. We provide turnkey real estate services. Our specialists will help you save a lot of time on bureaucratic red tape.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of land lease registration services in Kyiv, fill out the form below.