Lawyer practicing real estate, construction and land law.
Allocation of land in kind
Allocation of a land plot in kind occurs either on the basis of an existing right to this plot, or by initiating a free privatization procedure. It is an important stage for the legal registration of land rights, ensuring its clear identification and avoiding possible problems. In the article below, we will examine in more detail the main issues of such a process.
Who has the right to allocate a land plot in kind?
If we talk about the first case mentioned above, then according to the Law of Ukraine № 899-IV, such a right is granted to:
- former members of agricultural enterprises, cooperatives, who received certificates for a land share;
- citizens who acquired ownership of a share in another way (by contract);
- victims of the Chernobyl disaster;
- heirs of the right to a land share (share) of those persons listed above.
In addition to owners of land shares, all citizens of Ukraine have the right to acquire ownership of plots of land from state and municipal property free of charge, if they own a real estate object located on it. However, such lands have certain restrictions on size in accordance with the norms of the current Land Code of Ukraine:
- for personal peasant farming – up to 2.0 hectares;
- for gardening – up to 0.12 hectares;
- for construction in villages, towns, cities – up to 0.25, 0.15 or 0.10 hectares, respectively;
- for the construction of garages – up to 0.01 hectares.
What are the grounds for allocating a land plot in kind?
The main grounds are:
- firstly, the decision of the local government body on allocating a land plot in kind. This is a key document adopted on the basis of applications from land share owners;
- secondly, the decision of the relevant executive body or local government on permission to develop a land management project to establish the boundaries of the land plot. It is adopted based on the results of consideration of a citizen’s petition for proper privatization of the land.
For more detailed information, we recommend that you seek professional advice from our company’s land lawyers.
The procedure for allocating a land plot in kind: key points
What documents need to be prepared?
The general list of documents for both owners of shares and those who initiate the procedure of free privatization in accordance with current national legislation is as follows:
- certificate for a land share (share) issued by the state administration, certificate of the right to inheritance, other legal documents (contracts);
- work book of a member of an agricultural enterprise or an extract from the register of insured persons confirming the status of a person affected by the Chernobyl disaster;
- project and technical documentation on land management regarding the establishment of the boundaries of the land plot, its allocation, developed by the relevant land management organization;
- legal documents for the real estate object located on the relevant land plot (extract from the Land and Property Register, purchase and sale agreement, etc.).
Procedure
For owners of shares:
- applying to the village, settlement, city council with an application for the allocation of their share in kind;
- obtaining a decision on the development of a land management project regarding the organization of the territory of land shares;
- holding meetings of owners of land shares (shares);
- concluding contracts for the performance of work on the development of land management documentation (boundary and cadastral plan);
- submitting an application for registration of a share to the state cadastral registrar;
For those who privatize land under real estate:
- applying to a state body or local government body;
- obtaining a decision on permission to develop a land management project;
- concluding contracts for the performance of work on the development of land management documentation;
- state registration of the land plot (assignment of a cadastral number);
- approval of the project in the body that issued the permit for its preparation;
- state registration of ownership of the land plot.
How can lawyers on land issues of the Law Firm “Prikhodko and Partners” help?
Lawyers on land issues in cases of land allocation in kind, providing support at every stage. The services of our specialists include:
- consulting on legal issues, necessary documents and the procedure for their receipt;
- preparation of legal documents, assistance in drawing up applications, petitions, and drawing up agreements with land management organizations;
- representation of the client’s interests in state registration bodies (on the basis of a correctly drawn up and notarized power of attorney);
- legal audit of the land management organization to verify the correctness of the prepared documentation, confirmation of the availability of valid certificates, etc.;
- resolution of other issues related to the procedure for allocating a land plot in kind.
We will help you avoid unnecessary difficulties and go through the entire procedure of allocating a land plot in kind for your needs within a reasonable time. To find out the price of legal support, fill out the form below.
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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.
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Cadastral number of the land plot
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