How to legalize a house on a land plot with SNT and IZHB designation?

The issue of legalizing a house on a land plot of various purposes is becoming increasingly relevant against the background of legislative changes. The largest percentage of the land fund of Ukraine today is occupied by agricultural lands (SNT) and lands allocated for individual housing construction (IZHB). In this article, our real estate lawyer will examine the issue of the difference in legalization of houses built on such land plots.

Agricultural lands (SNT): basic characteristics

What are the main types of agricultural land?

Such lands play a key role in the economy of Ukraine, ensuring food production. The procedure for their use is regulated by the Land Code, and the main types are reflected in the current Classifier. Therefore, agricultural lands are considered to be land plots that are used for:

• production of products, growing grains, vegetables, fruits, livestock breeding, etc.;
• scientific research and educational activities, agricultural research;
• placement of appropriate production infrastructure, which includes facilities for storage, processing, transportation of agricultural products.

In general, such land plots can be divided into two main groups - agricultural and non-agricultural lands. The latter can be used for the construction of temporary structures for auxiliary activities on the farm or the construction of houses. It is also worth highlighting the lands of the farm, which can be formed from lands owned by:

• a farm (as a legal entity);
• members of the farm.

How can agricultural land be used?

The priority areas for the use of such land are:

• first, agriculture (crop farming, animal husbandry);
• second, forestry (forestry and deforestation);
• third, creation or maintenance of nature reserve areas (biodiversity conservation);
• fourth, construction of auxiliary facilities for production purposes (industrial enterprises, power lines, main pipelines, etc.).

As a general rule, only those buildings that will be used for agricultural activities can be built on such land. Most often, the basis for construction by other persons is a land easement or superficies right. Examples of real estate can be:

• cowsheds, stables, pig farms, poultry farms;
• granaries, warehouses;
• distilleries, greenhouses, etc.

How to legalize a house on such a plot of land?

If the owner is a member of a farm and wants to equip housing on such a land plot, this is possible through the creation of a separate farmstead. This is a holistic complex that includes housing, outbuildings and the necessary infrastructure. The process of legalizing such real estate will require:

• obtaining urban planning conditions and restrictions (if the area of ​​​​the house exceeds 500 sq. meters);
• obtaining a construction passport and design documentation;
• submitting a notification of the start of construction work;
• conducting a technical inventory and obtaining a technical passport for the house;
• putting the facility into operation;
• assigning a postal address;
• state registration of the newly created real estate object.

Land for individual housing construction (IHC): what can it be used for?

Land plots intended for residential construction can be used for:

• construction and maintenance of a residential building;
• maintenance of farm buildings and structures;
• conducting personal subsidiary farming (growing crops, breeding small livestock and poultry for own needs, arranging gardens and vegetable gardens);
• carrying out landscaping of the territory.

On such lands, in comparison with lands of SNT designation, it is allowed to build a larger amount of real estate, which includes manor houses, garages, baths, gazebos, cellars, fences, etc. As we can see, both agricultural facilities and residential buildings can be built on these territories.

How to legalize a house on the land of the IZHB purpose?

The legalization process consists of several stages and requires the preparation of the following package of documents:

• construction passport;
• notification of the start of construction work;
• technical passport for the house;
• declaration of readiness of the facility for operation;
• certificate of share contribution (if provided for by local regulations).

After the successful commissioning of the facility, it is necessary to register the ownership of the house in the State Register of Real Property Rights and obtain the appropriate extract. This is the most simplified procedure for legalization, which may differ depending on the characteristics of the house itself, its purpose, and other things. For more detailed information, we recommend that you contact one of our real estate lawyers for legal advice.

How can real estate lawyers help?

The lawyers of the company “Prikhodko & Partners” are indispensable specialists in all matters related to real estate. Their assistance allows you to ensure the legality of all procedures, as well as effectively resolve disputes. Our specialists are ready to provide:

• comprehensive legal advice;
• legal support for real estate transactions (including regarding the construction of a house on SNT or IZHB lands);
• legal support for the legalization of real estate;
• resolution of disputes related to real estate (in pre-trial and judicial proceedings);
• other services relevant to your request (for example, legal support for inheritance of real estate).

Contacting a lawyer is an important guarantee of the legality of the construction and subsequent registration of any real estate objects on the lands of the SNT and IZHB designation. To find out the cost of our specialist's services - fill out the form below.