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.
Allocation of land for rent
According to the Land Code of Ukraine, land of state and municipal ownership can be transferred to individuals and legal entities for lease. For the state, this plays an important role, as it contributes to the effective use of land. And for citizens, it is primarily an opportunity to gain access to land resources and plan their further activities.
When is a land plot allocated for lease?
Land auctions
Land leases may be conducted based on the results of land auctions in accordance with Art. 124 of the Land Code of Ukraine. However, it is important to note that they may be conducted only in the absence of cases provided for by law:
- real estate objects belonging to other persons under the right of private ownership are located on the land plots;
- the land is used for the needs of special water use, construction of facilities at the expense of the budget, reconstruction of outdated buildings;
- the land plots are purchased for public needs, located in the exclusion zone (for example, in the territory where the Chernobyl disaster occurred);
- the land is leased to an investor for the implementation of a relevant project, etc.
Important: Land auctions are also not conducted to allocate those land plots that will be used when they are transferred free of charge to persons who have the status of a participant in hostilities.
Issuance of a decision on the disposal of state and municipal land
If one of the cases specified above occurs, the land plot will be allocated for lease by decision of the relevant authority. Such a decision can be issued by both state administrations and village, settlement and city councils. Its content must necessarily include the following information:
- cadastral number of the land plot (or permission to develop land management documentation);
- intended purpose of the land plot;
- lease term;
- justification for the transfer of land without conducting land auctions.
Procedure for passing the procedure for allocating a land plot for lease
When conducting auctions:
- registration in the Prozorro system;
- submission of an application for participation in the auction;
- payment of the registration fee;
- preparation and sending of a package of documents;
- participation in the auction and signing the protocol in case of winning the auction;
- signing a lease agreement;
- registration of the right in the Land Registry Office.
Upon receipt of a decision from the administration or the relevant council:
- submission of an application for permission to develop a land management project for the allocation of a land plot;
- development and approval of technical documentation for land management;
- receipt of a decision to allocate a land plot for lease;
- conclusion of a lease agreement;
- registration of the right in the Land Registry Office.
Documents to be prepared
It is worth distinguishing the general list by the following categories:
- documents for participation in land auctions (defined in the Procedure approved by the Resolution of the Cabinet of Ministers of Ukraine No. 688): application for participation, passport, receipt for payment of the registration fee, consent to the processing of personal data, etc.;
- documents after acquiring the right to land based on the results of the auction: documentation on establishing the boundaries of the land plot in kind;
- documents for obtaining a decision from the administration or the relevant council: application, technical specifications for land management work, land management documentation.
Rent for land plots allocated for lease from the state and municipal property: maximum amounts
The rent (in particular, its amount) is determined directly in the lease agreement. However, there are clear requirements in the Tax Code and the Law of Ukraine “On Land Lease” regarding the legally established minimum annual rent amounts:
- for land plots – no more than 3% of the NGO (normative monetary assessment);
- for public lands – no more than 1% of the NGO;
- for agricultural lands – no less than 0.3% of the NGO.
Important: For lands without a normative monetary assessment, other amounts are established. To learn about the latest changes in the law and determine the maximum rent amounts, we recommend that you seek legal advice from specialists in the field of land issues at the Law Firm “Prikhodko and Partners”.
How can we help?
The land lawyers of the company “Prikhodko & Partners” can provide comprehensive legal assistance in cases of land allocation for lease, which will consist of:
- firstly, professional consulting and analysis of existing documentation;
- secondly, a qualitative assessment of the possibilities and prospects of allocating a land plot for lease;
- thirdly, preparation of the necessary documents within a reasonable time and their direct submission to the relevant state authorities and local governments;
- fourthly, legal support and representation of the client’s interests during bidding, state registration of land and rights to it;
- fifthly, negotiations with land management organizations, legal audit of their activities and control over the legality of the work performed by them;
- finally, resolution of land disputes in cases of allocating a land plot for lease.
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Are you in Kyiv or Kyiv region?
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
You may also need:
Application for providing information from the state land cadastre
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