How to Rent Out a Garden Plot in Ukraine and Legally Receive Income
Owners of garden plots in Ukraine are entitled to officially lease their land, provided the necessary documents are properly arranged. Failure to comply with land legislation can lead to issues for both the owner and the tenant.
Under Article 22 of the Land Code of Ukraine, leasing a plot designated "for individual gardening" is permissible. However, owners must adhere to the requirements of both land and civil legislation.
These plots are classified as agricultural land; therefore, their transfer to another party is governed by the Law of Ukraine "On Land Lease."
Oral agreements between the owner and the tenant lack legal standing. Allowing another person to use the plot without a written contract can expose the owner to risks.
Specifically, problems may arise from potential misuse of the land or damage to neighbouring properties. Consequently, a garden plot lease must be formalised with a written contract that outlines the primary conditions of land use.
If the land plot is situated within a gardening association or cooperative, the owner must comply with the rules stipulated in the organisation's charter.
Leasing the land does not automatically release the owner from their obligations to the association. The owner may still be responsible for membership and targeted fees, as well as utility payments. To prevent disputes, it is advisable to specify in the lease agreement who will reimburse these expenses and in what manner.
It is important to note that the minimum lease term of seven years, as stipulated by Article 19 of the Law of Ukraine "On Land Lease," does not apply to land plots designated for individual gardening.
Therefore, the owner and tenant can mutually agree on the contract's duration.
As previously reported by «Sudovo-Yurydychna Hazeta», the realities of war have led to numerous disputes concerning property leases. Tenants, due to occupation, hostilities, or mining, have been effectively unable to use the land or other property. In such instances, courts must determine whether this constitutes a standard breach of contract or an objective reason for exemption from rent payment.
In Case No. 610/986/25, dated 20 May 2026, the Commercial Cassation Court of the Supreme Court addressed the collection of land rent during occupation, the application of part six of Article 762 of the Civil Code of Ukraine, and the grounds for terminating a land lease agreement.
The Supreme Court distinguished between a typical contract violation and a situation where the tenant was objectively unable to use the land due to hostilities, occupation, or the risks associated with mined territories.
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