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.
Registration of land plots as property during martial law
Even in times of war, the land market in Ukraine continues to function, and the mechanisms for protecting the rights of landowners do not cease to operate. Land registration is regulated by a number of legislative acts, in particular, the Land Code of Ukraine (its Final Provisions), the Law of Ukraine No. 2247-IX, the Resolution of the Cabinet of Ministers of Ukraine No. 209 (on the features of registration) and others. In this article, we will examine in more detail the key changes in registration.
Registration of land plots into ownership: the concept of the procedure
First of all, it is worth examining what components are included in the single concept of registration of land plots as property. Depending on the grounds for acquiring ownership of land, the following types of registration can be distinguished:
- first, privatization of land;
- second, purchase by contract;
- third, inheritance by law or will;
- fourth, allocation in kind.
The procedure for registering a land plot as property is aimed at legitimization, and its logical conclusion will be proper state registration.
Problematic aspects of land registration during martial law
Land privatization
Starting in 2022, a temporary ban on the free transfer of state and municipal land to private ownership has been in effect. However, there are exceptions that allow even under such difficult conditions to register a land plot for oneself, primarily when it comes to: transferring land to owners of real estate located on the relevant plots; privatization of land that was transferred to a citizen for use by the state before 2002.
Therefore, for successful registration of land, the following algorithm of actions must be followed:
- preparation of technical documentation on establishing the boundaries of the land plot by certified land surveyor engineers;
- submission of an application for the transfer of land to the local government body or military administration (depending on who exactly received the relevant plot for use);
- obtaining a decision and registering ownership rights in the Central Administrative Center or through another state registrar of real rights to real property (below we will examine in more detail the features of this procedure during the war);
- obtaining an extract from the State Register of Real Rights to Real Property) to confirm ownership rights.
Registration of ownership rights to land during martial law
The state registration procedure is somewhat complicated and provides for:
- restrictions on registration subjects. State registration of land rights is carried out during the war and within a month after its termination by state registrars who are outside the territory of active hostilities (according to the current List) or temporarily occupied regions; notaries who are allowed to perform such actions during martial law (according to a special list of the Ministry of Justice);
- mandatory completion of the preliminary procedure for assigning a cadastral number to the land plot (otherwise, state registration of ownership rights will simply not be possible).
Inheritance of land plots during the war
Inheritance has also undergone some changes due to the war. Although they even somewhat expand the possibilities of heirs, as they relate to:
- firstly, an increase in the terms for accepting the inheritance (previously, it was necessary to submit an application to a notary within 6 months of the testator’s death, but now this term is valid for the entire period of martial law and within four months after its end);
- secondly, the possibility of registration of one’s right by heirs of unclaimed land plots (the term has been extended until January 1, 2028).
Additional restrictions on land registration
In addition to general restrictions on the free transfer of land, there are special procedural requirements that regulate the issue of:
- entering information into the State Land Cadastre (SLC). In particular, entering data on land plots into the SLC is carried out by state cadastral registrars included in the special list of the State Geocadastre;
- the possibility of forced alienation of land plots. In times of war, the state has the right to forcibly expropriate privately owned land for needs related to national security (while fully compensating the owner for their value).
How can we help?
Lawyers play a key role in the process of registering land plots as property during martial law. Qualified specialists of “Prikhodko & Partners” can be very useful to you in this matter, providing professional:
- consultations on land legislation;
- legal audits of documents and agreements on land transfer;
- preparation of the necessary package of documents for individual cases (assignment of a cadastral number, privatization of land, application to state registrars, etc.);
- legal support for registration of property rights during wartime.
Important: the cost of services is determined during an introductory consultation with a lawyer on land issues.
Qualified legal assistance is extremely important for the successful registration of land plots as property during the war, as it is designed not only to simplify the process, but also to resolve particularly complex situations. 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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