Free Land Privatization: Who Has the Right to Receive a Plot and Who Will Be Denied

The right of Ukrainian citizens to receive a land plot free of charge from state or communal ownership remains valid, but its implementation during martial law is significantly restricted. Legislation prohibits the free transfer of most land plots into private ownership, but at the same time defines cases when such transfer is possible. In addition, separate rules apply to land shares (plots), for which no special restrictions have been established during the martial law period.

Which land plots can be obtained free of charge under the Land Code

Article 121 of the Land Code of Ukraine provides for the right of Ukrainian citizens to receive land plots free of charge from state or communal land in the following maximum sizes:

• for personal farming – up to 2.0 hectares;
• for gardening – up to 0.12 hectares;
• for construction and maintenance of a residential house, household buildings, and structures (homestead plot):

in villages – up to 0.25 hectares;

in settlements – up to 0.15 hectares;

in cities – up to 0.10 hectares;

• for individual country house construction – up to 0.10 hectares;
• for construction of an individual garage – up to 0.01 hectares.

What restrictions apply during martial law

After the introduction of martial law, the rules for free land transfer were changed by the Law of Ukraine dated March 24, 2022 No. 2145-IX "On Amendments to Certain Legislative Acts of Ukraine to Create Conditions for Ensuring Food Security under Martial Law."

This law supplemented Section X "Transitional Provisions" of the Land Code of Ukraine with paragraph 27. According to subparagraph 5 of this paragraph, the following are prohibited:

• free transfer of state and communal land into private ownership;
• issuance of permits for the development of land management documentation for such transfer;
• development of the corresponding land management documentation.

When the prohibition does not apply

At the same time, the law establishes a number of exceptions. The prohibition does not apply to:

• free transfer of land plots into private ownership to owners of immovable property (buildings, structures) located on them;
• free transfer of land plots to former owners of immovable property destroyed as a result of the armed aggression of the Russian Federation against Ukraine, if ownership rights to such property have been terminated in the State Register of Property Rights to Immovable Property due to its destruction;
• free transfer into private ownership to Ukrainian citizens of land plots that were transferred to them for use before the Land Code of Ukraine came into force.

Is it possible to register ownership rights

Considering the current restrictions, state registration of private ownership rights to land plots transferred from state or communal land based on decisions of local self-government bodies adopted after February 24, 2022, is generally not carried out.

Exceptions are cases explicitly provided for by law.

What about land shares

The legislation separately regulates the procedure for allocating land shares (plots) in kind (on the ground).

The prohibition on free land transfer during martial law does not apply to this procedure.

The organizational and legal principles of allocating land shares (plots), the procedure for their exchange, as well as the specifics of managing lands remaining in collective ownership after distribution, 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)."

Currently, this law contains no special prohibitions or features regarding the allocation of land shares (plots) during the martial law period.

How to receive a land share in kind

According to Article 3 of the Law, the basis for allocating a land plot in kind is the decision of the relevant village, settlement, or city council.

Owners of certificates for the right to a land share (plot) who wish to receive their land plot in kind must submit an application for the allocation of the land share (plot) to the relevant council.

After the relevant local council decision is made, it may be submitted for state registration of ownership rights to the land plot in the State Register of Property Rights to Immovable Property.

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