Land allocation project in Ukraine
Due to the imposition of 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 on the land plot; or
- in case the land plot is allocated for use (lease).
In these cases, it is possible to develop a land management project on the basis of a relevant decision.
In accordance with the provisions of Article 50 of the Law of Ukraine "On Land Management", a land allocation project must be prepared, in particular in the case of the formation of new land plots (including privatization or lease of land).
A land plot allotment project is one of the important stages of the procedure for registering ownership of a land plot.
Below is a step-by-step procedure for allocating a land plot. From the first to the last step, the procedure is as follows.
1 step. Obtaining permission to develop a land allocation project
To obtain a permit for the development of a land allocation project, it is necessary to submit a petition (application) to the local ATC (amalgamated territorial community) where the land plot is located.
The application must also be accompanied by the following documents:
- graphic materials of the desired location of the land plot;
- a copy of the passport;
- a copy of the identification number.
The local council of deputies of the ATC is obliged to consider the application within one month and decide to grant a permit for the development of a land allocation project or to refuse to grant such a permit.
The refusal to grant a permit for the development of a land management project must be made in the form of a decision of the council session, not a letter, and can only be substantiated:
- non-compliance of the location of the facility with the requirements of the law;
- non-compliance with urban planning documentation (master plan of the settlement, zoning plan, detailed plan of the territory, etc;)
- non-compliance with the approved land management scheme;
- non-compliance with the feasibility study for the use and protection of land of administrative-territorial units;
- non-compliance with approved land management projects for the improvement of the territories of settlements.
The following link provides an indicative text of the finished decision on granting permission to develop a land allotment project.
2 step. Preparation of a land allocation project
After receiving a decision with permission to prepare a land allotment project, you need to contact the relevant land management organization, which employs certified land surveyors, surveyors, and engineers, in order to develop a land management project and register the land plot in the State Land Cadastre.
Regarding the approval of the allotment project. In 2021, amendments to the land legislation came into force, according to which a land allocation project is approved only in certain cases provided for by law. For example, when allocating forestry land and water resources.
For commonly used purposes (construction and maintenance of a residential building, gardening, personal farming, etc.), approval of the land allocation project is not currently required.
Step 3. Registration of a land plot in the cadastre (SLC)
State acts on land ownership are no longer issued. With the entry into force of the Law of Ukraine "On the State Land Cadastre", the registration of ownership of a land plot now takes place in two stages:
- registration of the land plot itself in the State Land Cadastre (SLC) as an object of civil rights;
- registration of the right to a land plot in the State Register of Real Property Rights.
Registration of a land plot in the land cadastre (LCC) is carried out by a land surveying organization that submits the following documents to the state cadastral registrar:
- application of the established form;
- developed land management project for land allocation;
- a special electronic exchange file (XML file).
Upon registration of a land plot in the SLC, the state cadastral registrar assigns a cadastral number to the land plot. Upon receipt of the cadastral number, a corresponding extract from the cadastre (SLC) is generated, which will subsequently be one of the necessary documents for registering ownership of the land plot.
Step 4. Approval of the land allocation project
To approve the land allocation project, it is necessary to apply to the same ATC that granted permission to develop the land management project and obtain a decision on approval of the land management project. The said council decides on the approval of the project. By following the link, you can view the approximate text of the decision on approval of the land allocation project.
Step 5. Registration of land ownership in the state register of real rights to real estate
To register the right to a land plot and obtain an extract on the registration of ownership, you need to contact the administrative service center at the ATC. To register ownership of a land plot, you must submit the following package of documents to the real estate registrar:
- the original decision of the council of deputies of the ATC on approval of the land management project;
- original extract from the State Land Register on registration of the land plot;
- a copy of the passport;
- a copy of the identification number;
- receipts of payment for registration services.
As a result of the registration, the state registrar issues an extract from the State Register of Real Property Rights, which confirms the registration of ownership of the land plot.
For more information on registering the right to a land plot, read the article Registration of the right to a land plot in the state register of real rights to immovable property.
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