The procedure for obtaining a permit for the development of a project for the allocation of a land plot for gardening outside the settlement in Ukraine
Due to martial law in Ukraine, it is prohibited to allocate a land plot for ownership (not for lease) on the basis of a decision and a land management project. This restriction will be reviewed upon the termination of martial law in Ukraine.
The exceptions are situations where there is a real estate object located on the land plot, as well as in case of allocation of the land plot for use (lease). In these cases, it is possible to develop a land management project on the basis of a relevant decision.
As of 2024, a permit to develop a project for the allocation of a land plot for gardening is granted by a territorial community association (TCA) that manages agricultural land within and outside the settlements that make up the relevant TCA. It should be noted that gardening, whether individual or collective, is included in the category of agricultural land.
Gardening, as a type of land plot purpose, is convenient for citizens, since the current legislation, under certain conditions, allows the construction of a real estate object - a garden house - on the land plot.
The possibility and grounds for obtaining a land plot for gardening are provided for in Part 6 of Article 118 of the Land Code of Ukraine. The maximum area of a land plot for gardening in case of free transfer is set forth in Article 121 of the Land Code of Ukraine and amounts to 0.12 hectares (12 acres).
Therefore, in order to obtain a permit for the development of a land management project for the allocation of a land plot for gardening, the following list of documents must be submitted to the relevant TCA:
- an application for permission to develop a project for the allocation of a land plot for gardening;
- a copy of the passport certified by the owner;
- a copy of the identification number;
- an extract from the cadastral map (plan) or other graphic materials showing the desired location of the land plot, certified by the applicant, indicating the approximate distance to the nearest settlement;
- a copy of the master plan of the garden association (for members of the garden association);
- cadastral plan of the land plot, developed and certified by the seal of the land management organization (submitted in some special cases);
- a certificate stating that the citizen is a member of a garden association (for members of a garden association);
- notarized consent of the land user (in case of termination of the right to use the land plot used by other persons);
- original document or its duly certified copy confirming the authority to act on behalf of the applicant (in case of submission of the application by an authorized person).
- a copy of the passport of the authorized person;
- in case of submission of the application by an authorized person, the consent of this person to the processing of personal data;
- title documents for real estate (house, etc.).
The council of deputies of the ATC must consider the submitted application with attachments and issue a permit within one month. The said authority may also issue a reasoned refusal if the application and attachments do not meet the requirements of the applicable law.
On the basis of the ATC's permission, the land management organization develops a project for the allocation of a land plot for gardening, which is subsequently subject to approval in accordance with the established procedure.
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