Changing the designated purpose of a land plot in Ukraine. Procedure 2024

In this article, we will consider the most common case of changing the designated purpose of a land plot from a personal farm to a designated purpose for the construction and maintenance of a residential building, outbuildings and structures.

We would like to warn you right away that there is currently a transitional period regarding the procedure for changing the designated purpose. On the one hand, Article 20 of the Land Code of Ukraine provides for the possibility of changing the designated purpose of private land plots on the basis of an application by the owner, without developing a land management project.

On the other hand, such a procedure will be possible only if the State Land Cadastre contains information on the functional purpose of the territories. So far, the process of entering such information is ongoing, and therefore the need to develop a land management project to change the designated purpose is currently relevant.

In general, the procedure for changing the designated purpose of a land plot is similar to the procedure for allocating a land plot from state or municipal property, but has certain peculiarities.

Therefore, the step-by-step procedure for changing the designated purpose from agricultural land to construction will be as follows.

Step 1. Preparation of the owner's application for change of purpose

Today, a permit to change the designated purpose of a land plot is no longer required. The first step requires a notarized application for changing the designated purpose of a land plot signed by the owner. This application will be the basis for the development of a land management project to change the designated purpose of the land in the next step.

Step 2. Development of a project to change the designated purpose of the land plot from agricultural use to construction

In order to develop a land management project for changing the designated purpose, it is necessary to contact a land management organization that has certified land surveyors on its staff and conclude a relevant agreement for the development of land management documentation (land management project for changing the designated purpose of a land plot).

The development of the project takes on average two weeks, during which it is necessary to obtain additional initial data, develop documentation (draw up cartographic materials, drawings, etc.).

Regarding the approval of the allotment project. In May 2021, amendments to the land legislation came into force, according to which a project to change the designated purpose of a land plot is approved only in certain cases.

Regarding urban planning documentation

It should also be understood that the availability of an approved master plan, zoning plan or detailed plan of the territory is mandatory during the approval of a project for changing the designated purpose.

You can find out whether such documents have been approved for your area by contacting the city council (village council, township council, center of the united territorial community). The requirements for the mandatory availability of a master plan, zoning plan or detailed plan of the territory are set forth in Article 24 of the Law of Ukraine "On Regulation of Urban Development".

If the above-mentioned urban planning documentation is available, then in this case, you need to obtain an extract from the urban planning documentation from the local territorial community. Such an extract is the main document that will either confirm the possibility of changing the designated purpose in your case or give you an understanding of the impossibility of such a change.

Step 3. Approval of the project for changing the designated purpose of the land plot

After development, the land management project for changing the designated purpose of the land plot is submitted for approval to the local government body (settlement, village, city council of people's deputies, center of the united territorial community). At its regular session, the local self-government body decides to approve or refuse to approve the land management project. Refusal to approve a land management project may be appealed in court. See a sample decision on approval of a project to change the designated purpose of a land plot.

Previously, the approval of a project for a land plot located outside a settlement was carried out by the district state administration, not the local council, in the form of an order to approve a project to change the designated purpose of the land plot. Now, a project to change the designated purpose outside the settlement is approved by the local united territorial community.

Step 4. Obtaining an extract from the cadastre (SLC) with a changed purpose

After approval, we submit a project to change the purpose of the land plot to the state cadastral registrar at the local ASC in order to enter information on the change of purpose in the State Land Cadastre (SLC).

In addition to the land management project, the state cadastral registrar must be provided with an exchange file in XML format containing a certain list of data that simplifies the registrar's entry of information about the land plot into the State Land Cadastre.

See a sample extract from the cadastre.

Entering a new designated purpose of a land plot into the register of property rights

Information on the new designated purpose of a land plot is not currently transferred to the register of real rights to immovable property. Information on the designated purpose of the land plot is contained only in the State Land Cadastre.

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See also: state act on a land plot in ukraine, establishment of land plot boundaries in ukraine, land allocation project