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Real estate and construction Registration of a land lease agreement

Kirilkin Radion

Head of real estate and commercial law practice

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kirilkin@prikhodko.com.ua

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Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.

Registration of a land lease agreement

The final stage of legalizing the relationship between the tenant and the landlord regarding the relevant land plot is the registration of the land lease agreement. From this moment on, the right to lease officially arises, and a guarantee of protection of the tenant’s rights from third party actions is provided for during the term of the agreement. The obligation to register such an agreement is directly enshrined in Article 6 of the Law of Ukraine “On Land Lease”, and the procedure itself has undergone some changes due to the declaration of martial law in 2022. In this article, we will examine its features in more detail, what documents are required, and other aspects.

Where to go to register a land lease agreement?

In Ukraine, there is an exhaustive list of state registrars who can carry out the relevant procedure. In particular, an application for registration of a land lease agreement can be submitted today through:

ASC (Center for Administrative Services) at the place of official residence of a citizen or the location of the relevant land plot;
state registrars, which are regional, city, district, village, settlement councils and their executive bodies;
military administrations (if the agreement is concluded for the purpose of conducting commercial agricultural production);
notaries.

How to register a land lease agreement: step-by-step instructions

To register the specified agreement in Ukraine, you must perform the following steps.

Step 1. Preparation of necessary documents. You must make sure that you have a complete package of documents required for state registration, from the application (the form is provided by the relevant authority) to the title documents for the land plot.
Step 2. Application to the state registration authority. This can be done in one of the following ways: in person with a prior appointment for such a visit; by mail by sending a registered letter.
Step 3. Payment of the administrative fee. It is necessary to pay a fee for state registration, the amount of which may be 0.05 (registration within five working days), 0.5 (registration within two working days) or 1 (registration within one working day) of the subsistence minimum. In other words, the registration fee for entering the relevant information into the State Register of Real Property Rights will be from 151 to 3028 hryvnias.
Step 4: Obtaining an extract from the State Register of Real Property Rights to Real Property. This document is an official confirmation of the existence of the tenant’s real right to the land.

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What documents are required to register a land lease agreement?

The following package of documents must be submitted:

first, a paper application of the established form;
second, a document certifying the identity of the applicant (landlord), a power of attorney confirming the powers of his legal representative (if necessary);
third, a receipt for payment of the administrative fee. It is worth emphasizing that there are cases when applicants are exempted from paying it, in particular if they belong to one of the categories of citizens listed in Article 34 of the Law of Ukraine “On State Registration of Property Rights to Real Estate and Their Encumbrances” (victims of the Chernobyl NPP, persons with the status of WWII veterans, etc.);
fourth, a copy of the contract. The applicant is responsible for the accuracy of all data contained in the submitted documents.

It will also be useful: Termination of the land lease agreement

When can a refusal to register a land lease agreement be granted?

There is a limited list of cases when the ASC, council or notary may issue a reasoned refusal to register a land lease agreement:

the agreement does not meet the requirements of the legislation, is declared invalid by a court decision;
the information specified in the submitted documents contradicts the information contained in the State Register of Land Use or the State Register of Land Use;
the land plot is subject to seizure or other encumbrance by a court decision.

It is worth noting that the applicant has the right to appeal the decision to refuse state registration in court. We recommend contacting the lawyers of “Prikhodko & Partners” for legal advice on this issue.

Price of legal assistance

How can we help?

In case of problems with the registration of your contract, qualified lawyers can provide a comprehensive legal service aimed at the successful implementation of this procedure or the elimination of legal obstacles to its implementation. Here are the main areas of our work:

providing an initial consultation with an analysis of your specific request. The lawyer will explain all the relevant regulations that apply to your specific situation, check the documents you have and identify possible shortcomings and errors;
professional assistance in preparing and collecting documents. The lawyer can help you correctly draw up a contract taking into account all essential conditions, request the necessary documentation for the proper procedure, correctly fill out the application, avoiding errors that may lead to refusal;
legal support for the registration of a land lease agreement. A specialist can promptly submit a package of documents to us on your behalf (with preliminary preparation of a power of attorney), monitor the progress of your application and respond promptly to possible requests or comments from the state registrar;
in case of refusal – development of a strategy for further actions and appealing the registrar’s decision to the court (if there are grounds to consider it illegal).

Thus, registration of a land lease agreement involves applying to authorized state registrars with a full package of necessary documents, including an application, a receipt for payment of the administrative fee, the lease agreement itself, etc. Refusal to register is possible in cases clearly defined by law, such as non-compliance of the lease agreement with the legislation, unreliability of the submitted information, incorrect preparation of documents or the presence of encumbrances on the land plot.

If you have problems with registering a land lease agreement or want to avoid a refusal from the state registrar, we recommend contacting the qualified lawyers of Prikhodko & Partners. We will help you successfully register your agreement or appeal an unlawful decision to refuse from the state registrar. To find out the cost of legal support, fill out the form below.

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Were other lawyers handling your case?

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2 question

Are you in Kyiv or Kyiv region?

Yes

3 question

Do you need legal assistance urgently?

Yes

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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Real estate and construction

Registration of a land lease agreement

Where to go to register a land lease agreement?

How to register a land lease agreement: step-by-step instructions

What documents are required to register a land lease agreement?

When can a refusal to register a land lease agreement be granted?

How can we help?

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