Attorney
Lawyer with many years of experience in the field of real estate and land law. Support for construction, registration of land plots, obtaining permitted documentation and protection of property rights. Also has successful cases of labor law and mobbing at work.
Division of communally owned land plot
A plot of land is a part of the earth’s surface that has the following characteristics: established boundaries, a specific location, determination of ownership rights, etc. The basis of the process of legislative registration of a plot of land is its definition as one of the objects of civil rights. The final stage of establishing the status of a land plot is the entry of the received data into the State Land Cadastre. How is a real estate object formed? According to current legislation, this occurs on the basis of the division or unification of previously formed land plots. In this article, we will consider in detail the issue of dividing a land plot of communal property.
Features of dividing a plot of land that is in municipal ownership
If the real estate object is owned by municipal institutions, its owner is considered to be a territorial community (i.e., a local government body of rural, settlement, or urban subordination).
The division of such land is possible in cases where it was registered by a local government body.
The procedure is carried out to establish ownership of the distributed part. This is recorded in a document that indicates the exact location of the land plot, shape, area, boundaries, and configuration. That is, the land plot receives a unique cadastral number. It is:
- The basis for drawing up a lease agreement with local authorities.
- The basis for calculating the rental fee.
- An important step in the process of buying out/privatizing a plot of land under real estate objects.
Who initiates the process of dividing a plot of land? It can be any interested party: a tenant or a property owner (both a legal entity and an individual).
We consider it appropriate to draw your attention once again to the following: only a formed plot of land that has: an established cadastral number, approved boundaries, registration in the State Land Registry, and a clearly defined purpose is subject to division.
In the process of direct division, it is impossible to change the purpose. Each part must correspond to its purpose in terms of its shape, area, and characteristics.
In what cases can the division of land located under commercial buildings or residential buildings be refused? This is possible:
- In the absence of access to exit, passage, etc. on each of the newly created plots.
- If the area of the newly created real estate object does not comply with the standards for configuration, facade width, etc. (i.e., urban planning and construction standards).
Important: the areas of the plots of land formed in the process of division must coincide with the total area of the object of division. That is why you cannot add a piece of land that is adjacent to it or refuse to use part of the territory.
What will be needed to divide a communal plot of land?
To begin the division procedure, a positive decision from local authorities (i.e., from the owner of the property) will be required. If the plot of land is in permanent use by a tenant, it is necessary to obtain consent from him.
Additional documents will be required if there is real estate on the plot of land. These documents include a certificate of ownership of real estate, a technical passport for constructed buildings. Individuals must provide a copy of the code and passport. Legal entities will need to provide copies of constituent documents, an extract from the Unified State Register of Economic and Social Affairs. They are certified by the signature and seal of the person initiating the division process.
So, the first stage of dividing a communal land plot begins with submitting an application and relevant documents to the local government body. The local council makes a decision on the permission/prohibition of dividing a land plot.
Technical documentation on land management consists of the following components:
- Technical task for the division of the plot.
- Results of geodesy-related work.
- Information on fixing the boundaries of the plot with established boundary marks.
- Description of cadastral plans for each of the newly created land plots.
In addition, a new cadastral plan for each of the new land plots and electronic documents presented in XML file format may be required. After successful registration of real estate objects in the State Land Cadastre, they are assigned new numbers. The prepared documentation is approved by the local government body. The right to registration remains separately for each of the allocated objects.
It is quite difficult to independently take into account all the legal nuances of dividing a plot of land. It is better to entrust this matter to the real estate lawyers of our law firm “Prykhodko and Partners”.
Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer’s services for the division of a communal land plot, 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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