Features of Land Plot Privatization: What to Consider

According to Article 121 of the Land Code of Ukraine, citizens of Ukraine have the right to the gratuitous transfer of land plots from state or communal land into their ownership in the following sizes, in particular:

- for personal farming — no more than 2.0 hectares;

- for gardening — no more than 0.12 hectares;

- for construction and maintenance of a residential house, household buildings and structures (homestead plot) in villages — no more than 0.25 hectares, in settlements — no more than 0.15 hectares, in cities — no more than 0.10 hectares;

- for individual summer cottage construction — no more than 0.10 hectares;

- for construction of individual garages — no more than 0.01 hectares.

The State Registration Department of the Khmelnytskyi MRU of the Ministry of Justice reminded that due to the martial law, current legislation establishes significant restrictions on the exercise of this right.

Thus, by the Law of Ukraine dated March 24, 2022 No. 2145-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding the Creation of Conditions to Ensure Food Security under Martial Law" changes were made to Section X "Transitional Provisions" of the Land Code of Ukraine and supplemented by paragraph 27, according to subparagraph 5 of which the following are prohibited:

- gratuitous transfer of state or communal land into private ownership,

- granting permits for the development of land management documentation for such gratuitous transfer,

- development of such documentation.

However, the provisions of this subparagraph do not apply to:

- gratuitous transfer of land plots into private ownership to owners of real estate objects (buildings, structures) located on such land plots,

- gratuitous transfer of land plots into private ownership to former owners of real estate (buildings, structures) destroyed due to circumstances caused by the armed aggression of the Russian Federation against Ukraine, whose ownership rights according to the data of the State Register of Property Rights to Real Estate were terminated due to the destruction of the property,

- as well as gratuitous transfer into private ownership of land plots to citizens of Ukraine that were transferred for use before the entry into force of this Code.

Considering the above, the state registration of private ownership rights to land plots transferred from state or communal land based on relevant decisions of local self-government bodies adopted after February 24, 2022, is prohibited. Of course, except for the exceptions provided by law.

The department draws attention to the fact that this prohibition does not apply to the procedure of allocating land plots in kind (on the ground) to owners of land shares (plots).

The organizational and legal foundations for allocating land plots in kind (on the ground) to owners of land shares (plots) from lands that belonged to collective agricultural enterprises, agricultural cooperatives, agricultural joint-stock companies under collective ownership, as well as the procedure for exchanging these land plots, features of land management and use of lands remaining in collective ownership after the distribution of land plots among owners of land shares (plots) are defined by the Law of Ukraine "On the Procedure for Allocating Land Plots in Kind (on the Ground) to Owners of Land Shares (Plots)" (hereinafter — the Law).

Currently, the Law does not contain any prohibitions or peculiarities regarding the allocation of land plots in kind (on the ground) to owners of land shares (plots) during the martial law period.

According to Article 3 of the Law, the grounds for allocating land plots in kind (on the ground) to owners of land shares (plots) are decisions of the respective village, settlement, or city council. Persons who are owners of certificates for the right to a land share (plot) and who wish to receive their land share (plot) in kind (on the ground) submit an application to the respective village, settlement, or city council for the allocation of their land share (plot) in kind (on the ground).

Thus, the decision of the respective village, settlement, or city council on the allocation of a land plot in kind (on the ground) can be submitted for the state registration of ownership rights to the land plot in the State Register of Property Rights to Real Estate.

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