Contract of purchase and sale of land plot

Land ownership is the right to own, use and dispose of land. According to the current Ukrainian legislation, land can be in state, communal and private ownership. A land plot means a part of the earth’s surface with defined boundaries, a specific location, etc. In this article, our specialists, lawyers Prykhodko and Partners will tell about the peculiarities of the procedure for concluding an agreement for the purchase or sale of a plot of land.

Are all plots of land for sale?

Paragraph 15 of the Transitional Provisions of the Land Code of Ukraine (Land Code of Ukraine) clearly states that legal entities and citizens who have a State Act on the ownership of the relevant plot of land do not have the right to sell plots granted specifically for commercial agricultural production. The type of intended use of this or that plot of land is specified in the State act on the right of ownership.

In Ukraine, land plots can be the subject of purchase or sale today:

1. For conducting individual business activities.
2. Homestead plots of land.
3. Plots intended for summer cottage, garage construction, gardening.

What are the features of the contract for the purchase or sale of a plot of land?

According to the articles of the Civil Code of Ukraine (we are talking, in particular, about article 657), the land purchase and sale agreement must be drawn up in writing and sealed with the signature of a notary public.

Lawyers Prykhodko and Partners provide full support and inspection of land before purchase.

Among the factors we pay special attention to are:

• Availability of relevant documents for the land plot, which will serve as proof of ownership.

Among such documents:

1. Property right deed.
2. Certificate of ownership.
3. Deed of Gift.
4. Contract of sale.
5. A number of other civil law agreements.

• Checking the cadastral number.

Our lawyers must verify the assignment of the appropriate cadastral number to the land plot. The Land Code of Ukraine indicates the following: a plot of land can act as an object of civil cases only after it has been assigned a cadastral number.

• If there is a house on the plot of land, we will check the presence of all relevant documents.

The next step is to certify the contract. We will be able to select a notary who specializes in providing the appropriate range of services. After the sale contract is signed, information about it is entered into the State Register of Property Rights to real estate objects.

Important: the full-scale invasion of the Russian Federation on the territory of Ukraine made certain adjustments to the rules for buying and selling real estate. Among other things, the procedure for issuing documents has changed.

In particular, the restrictions concern registration and notarial actions. The Ministry of Justice has clearly defined the list of notaries authorized to certify sales contracts.

After completing all the above steps, the person becomes the full owner of the plot of land.

Therefore, before concluding a sales contract, it is necessary to check the plot of land for encumbrances and prohibitions.

We remind you that lawyers Prykhodko and Partners provide full legal support for transactions related to real estate. You will not need to independently assess all the risks and nuances of the future agreement. We will do everything for you.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for the purchase of real estate, fill out the form below.