In accordance with the legislation, in Ukraine it is allowed to buy and sell land, give or leave it as an inheritance, register a land plot in ownership through privatization.
Let’s look at the basic land registration operations that can be carried out with a land plot, depending on who owns it: a state or an individual.
If the land is privatized
Everything is simple here. To conclude a purchase / sale or lease agreement, the seller and the buyer turn to a notary to register a land plot. Depending on the type of operation, you will need a monetary valuation of the land. It is of two types: expert (carried out to determine the market value of the site, is carried out mainly when selling land) and normative (carried out to determine the land tax, state duty and rent). It is better to check with a notary what kind of monetary valuation you need.
If the land is not privatized
State-owned land can be leased or privatized.
To obtain the right to lease a land plot, you must contact the appropriate state body (the leadership of the village, district or State Geocadastre).
After a positive answer, it is necessary to develop a land management project, coordinate it and approve it.
When the project is approved, the government agency issues you permission to use the land on a lease basis.
You conclude an agreement with the state and register it.
To buy or sell a land plot, you need to privatize it.
To do this, you must apply to the appropriate state authority.
The state body considers your application and grants permission for the development of technical documentation for the land.
You order technical documentation from a land management organization.
If you actually use a land plot, then the land management organization submits your documents to the state land cadastre (GZK). SLC issues you a privatization act and you register ownership of the site. If you did not use the site, then it is necessary to develop a land management project, agree on it, undergo a state examination, approve the project and only then receive a privatization act from the State Reserves Committee and register ownership of the land.
When all documents and permits are received, you can buy the land from the state.
What is a land project?
The land management project for the allotment of a land plot is an important stage in registering the ownership of the plot.
changes in the designated purpose of land plots;
the formation of new land plots, including in the following cases:
getting free of charge in the property;
use on a lease basis.
Project of land recovery in ownership or land privatization
Article 50 of the Law of Ukraine “On Land Management” states that a land acquisition project is a mandatory document for registering ownership of a land plot.
This document is an important part of the package of documents when registering ownership of a land plot.
Step 1. Obtaining permission for the development of a land development project for division of a land area
To obtain permission to develop a land management project, you must submit an application to a specific local government body, depending on the location of the land plot:
If the land plot is located within the boundaries of the settlement, you must contact the village / city council;
If the land plot is outside the boundaries of the settlement, you must contact the regional state administration;
If the land plot is agricultural land and is located outside the settlement, you must contact the regional department of the State Land Agency.
The above application is considered by the above organizations and in the future a decision is made on permission to develop a land management project. You must add to the application:
A copy of the applicant’s passport;
A copy of the applicant’s identification code;
The original copy from the master plan of the settlement or the detailed plan of the territory.
2 step. Manufacture and approval of land control project
The next step is to conclude an agreement with a land management organization for the preparation of a land management project for the allotment of a land plot in whose staff there are certified land surveyors, surveyors. It is also necessary to approve this project in the following organizations:
management of the State Land Agency;
Department of Architecture and Urban Planning;
if necessary, other organizations (bodies of the forestry, protection of cultural heritage, ecology, etc.) in individual individual cases.
Step 3. Registration of a land plot in the inventory (gzk)
After 2013, no more acts for land plots are issued. With regard to the Law of Ukraine “On the State Land Cadastre”, the registration of ownership of a land plot takes place in several stages:
entering of statements about the land plot in the register of the SLC;
entering statements about the land plot in the Register of property rights to immovable property.
To carry out the registration itself, it is necessary to add an approved land acquisition project and an electronic exchange file (XML file) along with the application.
As the final stage of the formation of the land plot, the cadastral number is assigned to the land plot. And the authority issues an extract from the cadastre, which is the basis for further registration.
4 step. Approval of the project division of a land area
It is necessary to contact the local government, which provided permission for the development of the land acquisition project, within 14 days makes a decision on the approval of the latter.
5 step. registration of ownership to a land plot in the registration service of ukrgosreestra
To obtain an extract of ownership of a land plot, you must contact the registrar and provide the following package of documents:
A copy of the applicant’s passport;
A copy of the applicant’s identification code;
Original extract from the cadastre on the registration of the land plot;
The original of the decision on the approval of the land allocation project;
Original receipt for payment of registration services.
How to register a land and rights to it?
State registration of a land plot
Registration of the right to a land plot
Where is it carried out?
Central executive body implementing state policy in the field of land relations
Who is it carried out by?
State cadastral registrar of the central executive body implementing state policy in the field of land relations
State registration authority and a notary, who is entrusted with the functions of a state registrar
Application of the person who has been granted permission to develop documentation for land management
Extract from the State Land Cadastre on the land plot
Agreed and approved land management project for the allocation of a land plot
Special electronic exchange file (XML file)
A cadastral number is assigned
An extract from the State Land Cadastre about the land plot is issued free of charge
Certificate (or extract) of the ownership (use) of the land plot
How to obtain the right to rent a land?
Lease of land is a term-based paid ownership and use of a land plot based on a contract. Land tenants can be citizens and legal entities of Ukraine, foreign citizens and stateless persons, foreign legal entities, international associations and organizations, as well as foreign states.
The lease of land plots in state or communal ownership is carried out on the basis of:
decision of the relevant executive authority or local government body;
sale and purchase agreement of the right to lease the land.
Obtaining the right to lease a land plot on the basis of a decision of the executive authorities or local self-government bodies is more transparent, legally justified and safer. This procedure consists of 4 steps.
How to private a land plot?
It is possible to acquire ownership of a land plot in Ukraine for:
the primary market (land privatization);
the secondary market (inheritance, purchase and sale and other types of civil transactions).
In the Land Code of Ukraine, the relations of citizens with the state (territorial communities) in connection with the free transfer of land to them are defined as “free privatization”. The land legislation does not provide for paid privatization as a way of acquiring land at all.
Every citizen of Ukraine has the right to a free plot of land from state or municipal property.
There are cases when the site is privately owned, but not included in the State Land Cadastre. Then it is advisable to apply with a written request for the provision of public information on the availability of state or communal land.
The plot may be in use in several cases:
A citizen is the owner of a residential building built on land allocated for construction back in Soviet times. In this case, it does not matter whether the owner of the house is the one to whom the plot was allocated, or the person who inherited it as a result of a purchase or donation owns the house. If from the moment when the right of free privatization of land was established in Ukraine (from 03/15/1991), the owner of a residential building did not use the right to privatize it, it is considered that the land is in his use.
A citizen is a member of a garden or dacha cooperative (partnership). The site was allocated by this structure in the manner prescribed by the charter.
The site is in the actual use of the citizen, but he does not have any documentary evidence confirming the ownership. This happens in cases when a citizen, for example, has made unauthorized construction on land that has not been allotted to him for this purpose.
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