The right to receive free land for free. How to get it and what needs to be done. Step-by-step instruction.

"Everyone who turns to us frees himself from thinking about his question and gets a result, since we value the most important resource of our clients - time."

Perepelchenko Anatolii

Project partner, expert in real estate and construction practice

Contact now

The right to receive free land for free. How to get it and what needs to be done. Step-by-step instruction.

Reading time: 5 min.

Every citizen of Ukraine has the right to get a land plot free of charge.

First and foremost, it is worth defining the location of the desired site, as well as its intended purpose. It is worth checking this land plot on a public cadastral map to make sure that the land is already privately owned.

According to the law, 2 hectares of land should be provided by the state to maintain its own agriculture, up to 0.12 hectares - if you want to practice gardening. If you want to build a house or other economic buildings, you can count on a plot of land no larger than 0,25 hectares in villages, up to 0,15 hectares in settlements and up to 0,10 hectares in cities. Also up to 0.10 hectares will be provided for the construction of a country house and up to 0.01 hectares for the establishment or construction of a personal garage.

If you are engaged in a farm, the size of the plot will depend directly on the size of the land parcel defined for the farm members. But it is worth remembering: every citizen has the right to receive from the state one area for each category and undertakes to use the land for the intended purpose.

Depending on whether the land plot belongs to the land of communal or state property, it is necessary to address the petition either to the bodies of local self-government (councils) or to the executive authorities in the field (state administration).

The application shall indicate the purpose of the land plot and its approximate size. The graphic materials are provided with the site of the site (it is possible to get through the already mentioned public cadastral map), the consent of the land user (if the land is taken away from another) and documents on education and experience in agriculture (for farmers).

The relevant executive body or local government body considers the application within one month and by its decision gives permission to develop a land management project for landing a land plot or provides a motivated refusal which may consist in non-compliance with the place laws and town planning documentation.

Upon receipt and registration of the application, the administration or the local council sends copies of it to several state authorities, they must provide their conclusions about the possibility of withdrawing the land plot indicated in the application. This is, in particular, the bodies of urban planning and architecture, the executive authorities on land resources, environmental protection, as well as those engaged in forestry and water management. Also copies may be sent to the authorities for the preservation of cultural heritage and sanitary-epidemiological service.

From all organs, conclusions are drawn about the possibility of withdrawal of the desired site within its size and area for the corresponding purposes, as well as on the essential conditions of withdrawal.

If during the month there is neither approval nor denial, one month after the expiration of the term of consideration of the application, one can order the development of a land management project for the withdrawal of a land plot without such a permit, about what it is worthwhile to notify in writing the authority of the appeal and attach an agreement to perform works on land management regarding the withdrawal of land.

The executor of the project must have appropriate permitting documentation, license for the implementation of this activity, and for the individual - a certificate of the land surveyor engineer. Verify their data can be verified through the State Geocad. Without the relevant permits, a land plot design will be considered null and void.

The maximum period of development of this project should not exceed six months (one in practice it can take more than a year). Upon readiness the developer submits it for agreement to the territorial department of the State Agency of Land Resources of Ukraine and, if necessary, to other state agencies.

Further documents are submitted to the State Geocodist. When the registrar's decision within 2 weeks will be taken in your favor, an extract from the State Land Cadastre about the plot with the indication of its cadastral number will be handed to hands.

Later, in a state body, which previously applied for a permit for the development of a land management project, an excerpt from the inventory, as well as a land management project, is sent together with a petition for approval of this project.

At this stage, the local council or state administration decides on the free transfer of ownership of a land plot with the corresponding cadastral number, area and location. In fact, the land plot first passes registration of ownership of it by the company, and only then the authorized body can transfer it free of charge to the ownership of a particular person.

Ownership of a land plot is subject to state registration. An application for state registration of ownership of a land plot shall be submitted to the state registrar of the rights to immovable property and their encumbrances, which within 5 business days decides on the state registration of the property right and issues an information certificate from the State Register of rights to real estate and their encumbrances, confirming the state registration.

Remember: the refusal of the executive body or local government to transfer the land to the property or to leave the petition without consideration can be appealed in court.

Calculate the price of assistance:

1 question

Have other lawyers handled your case?

Yes
No

2 question

Are you in Kyiv or Kyiv region?

Yes
No

3 question

Do you need legal assistance urgently?

Yes
No

Project partner, expert in real estate and construction practice

Contact now
How helpful was the article? Rate:

5

Count of grades:

12

20%
discount
If we do not
call back
during the day
Consultation
Law Company
Leave a request for legal assistance right now:
The best lawyers
Fair price
We work quickly
Online / offline consultation