Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Change of purpose of the land plot
Intended use is a permitted method of using a land plot, specified in the permit documentation. For example, a plot of land may be intended for construction, agricultural or recreational purposes. Intended use of land is not just a description, but a legal characteristic that significantly affects the rights and obligations of the owner or user of the land, as well as the possibility of construction and conducting a certain activity.
It is possible to change the intended use, but not in all cases. Most often this may be necessary in situations where, for example, you have purchased a plot of land that was previously in municipal ownership or belonged to the state. If you plan to build a house on this plot, you should contact specialists for the most prompt implementation of these plans. Changing the intended use of land is one of the areas of work of real estate lawyers at the Law Firm “Prikhodko & Partners”.
The main categories of intended use of a land plot
The intended use of each land plot is defined at the legislative level, and the main list of land categories is given in the Land Code of Ukraine. Thus, the specified document divides all lands of Ukraine into the following categories:
- for the production of agricultural products, farming;
- for the construction and maintenance of residential buildings, public buildings;
- with a special environmental protection regime;
- for the organization of medical and health-improving activities;
- for the organization of recreation and tourism;
- for forestry;
- with water bodies and coastal protective strips;
- for the placement of industrial facilities, transport and energy infrastructure.
Who can change the intended purpose of a land plot?
For lands managed by executive authorities and local governments, this is carried out by decision of the relevant body. At the same time, privately owned lands can be changed on the basis of the owner’s initiative. But it is worth emphasizing that the type of intended purpose is determined on the basis of the approved spatial development plan of the settlement (general plan).
Penalties for unauthorized change of purpose of a land plot
If the procedure for changing and establishing the purpose of land is violated, this entails a number of negative legal consequences, clearly defined by Article 21 of the Land Code of Ukraine and other regulatory legal acts:
- Invalidation of decisions of government bodies: Decisions of state authorities, the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea and local self-government bodies on the provision (transfer) of land plots to citizens and legal entities that were adopted in violation of the procedure may be declared invalid. This means that the right to the plot granted on the basis of such a decision will be canceled.
- Invalidity of agreements on land plots: Any concluded agreements on land plots, the intended use of which was changed in violation of the established procedure (for example, purchase and sale, lease, pledge) may be declared invalid. This creates high risks for all parties to such transactions.
- Refusal or invalidity of state registration: In case of violation of the procedure for establishing/changing the purpose of land, state registration of land plots may be refused. If registration has already taken place, it may be declared invalid, which calls into question the legitimacy of the right of ownership or use.
- Liability: Citizens and legal entities guilty of violating the procedure for changing/establishing the purpose of land may be held liable in accordance with current Ukrainian legislation.
Important! According to Article 53 of the Code of Administrative Offenses, citizens may be fined from five to twenty-five non-taxable minimums for violating the rules for land use.
Procedure for changing the purpose of a land plot: algorithm of actions
The permitted type of use is changed by the city, town or village councils (communities). The procedure involves the following stages:
- Preparation of an application by the owner for a change in the intended purpose. At this stage, it is also necessary to prepare a land management project for the allocation of the land plot.
- The prepared document is submitted to the relevant council. Documentation for land plots located outside the settlement is handled by the district state administration.
- If the project is approved, changes are made to the State Land Cadastre (hereinafter referred to as the SLC).
Development of a land management project: features
According to Article 50 of the Law of Ukraine No. 858-IV, in the event of a change in the intended purpose of the land, a land management project for the allocation of the land plot is prepared. To develop it, it is necessary to contact a land management organization that employs a certified land management engineer. A list of such organizations can be found on the official website of the State Geocadastre. The document must include:
- an explanatory note;
- materials of geodetic surveys;
- a list of restrictions on land use;
- a cadastral plan.
How can lawyers from the law firm “Prikhodko & Partners” help you with land issues?
You don’t need to waste your own time and nerves. The lawyers of the company “Prikhodko & Partners” have many years of practical experience in this field. Our clients can count on providing high-quality services. The main key to the success of our company is an individual approach to each client. In general, the main areas of assistance from our lawyers include:
- initial consultations;
- legal audit of the land plot;
- analysis of urban planning documentation;
- preparation of an application for changing the purpose of the land;
- legal support for the development of a land management project and obtaining a decision on its approval;
- assistance in assigning a cadastral number (if necessary);
- support for state registration of land plots, making changes to the State Land Code.
If you need to change the purpose of your land plot, sign up for a consultation. We will definitely help you!
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Do you have documents confirming ownership of the land?
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Is your plot of land assigned a cadastral number?
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Is your plot of land located in Kyiv or Kyiv region?
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