Privatization of water bodies in Ukraine

Almost all citizens of Ukraine know about their rights in the field of land relations. And this concerns the free privatization of land plots of various types of purpose. But many people wonder whether it is possible to privatize water bodies. When asked this question, the majority receives the answer that it is not possible to privatize water bodies under any circumstances, but only to lease or use them. But is it really? To find the answer to this question, it is sufficient to pay attention to Part 1 of Art. 59 of the Land Code of Ukraine. The specified article states that water bodies can be in state, communal and private ownership.

That is, if the land legislation determines the private form of ownership for water bodies, it means that the privatization procedure must be prescribed.

But neither the Land Code of Ukraine nor the Water Code of Ukraine explains in detail how to privatize such objects of the water fund.

How to privatize water facilities?

The second part of Article 59 of the Civil Code indicates that by decision of the executive authority or local self-government (depending on the location of the water body), a citizen can obtain private ownership of a closed natural water body with an area of ​​up to 3 hectares free of charge. The specified article is actually the only norm that allows privatizing a water object.

That is, in accordance with this norm, there are restrictions on the area of ​​a water object that can be privatized, and before that only a closed reservoir can be privatized. It follows from this that it is impossible to privatize, for example, a river or a lake. Usually, a closed reservoir is a natural or artificially created reservoir that does not have a hydraulic connection with other surface water bodies.

The procedure for the privatization of water bodies in Ukraine

The procedure for the privatization of water bodies is not particularly different from other types of land plots. Privatization requires a decision of the executive authority or local self-government and prepared technical documentation.

Which body makes a decision on the privatization of a water object?

If the closed reservoir is located on a plot of land within the settlement, then it is necessary to contact the local government (rural, village, city councils), if outside the settlement - to the local state administrations at the location of the water body.

Difficulties in privatization

As in any other case, there may be difficulties in obtaining a decision of the relevant body regarding the privatization of a water object. Such a decision is not justified in all cases, therefore, in such situations, it is necessary to professionally analyze and, if necessary, appeal the decision made.

So, summing up the above, it is worth noting that it is possible to privatize water bodies. Of course, there are some obstacles and restrictions, but thanks to the knowledge of your rights, you can implement your plan and, as a result, get ownership of a water object. And if difficulties arise, a qualified specialist will always help to overcome them.