Law of Ukraine

"On Alienation of Land Plots and Other Objects of Immovable Property Located On Them in Private Ownership for the Social Needs and on the Grounds of Social Necessity"

Date of entry into force:
December 15, 2009

The present Law defines the legal, organizational and financial principles of regulation of social relations that originate by alienation of land plots and other objects of immovable property located on them in private ownership for the social needs and on the grounds of social necessity.

According to Article 1 of the present Law, alienation of land plots and other objects of immovable property located on them for the social needs and on the grounds of social necessity is defined as a transition of property right for a land plot and objects of immovable property owned by natural persons or legal entities to the State or communal ownership, through redemption or forced alienation.

The present Law shall not apply to social relations that originate by the following:
  • claim to property of the land plot and other objects of immovable property located on them;
  • seizure (redemption) of land plots and other objects of immovable property located on them in state and/or communal ownership;
  • reimbursement of losses of agricultural and forestry industry in case of redemption of land plots for the social needs;
  • conclusion of other civil agreements on the grounds other than redemption of land plots and other objects of immovable property located on them on the grounds for the social needs;
  • forced alienation of land plots under conditions of martial law or a state of emergency (requisition)
  • confiscation of land plots and other objects of immovable property located on them;
  • redemption of historical and cultural landmarks in danger of damage or destruction due to the action or inaction of their owner;
  • termination of property rights of a person in respect of property that cannot be owned by them.

The object of alienation is the land plot (part thereof), residential house, other buildings, structures and perennial plants located on it in ownership of natural persons or legal entities (Article 3 of the present Law).

According to Article 4 of the present Law, natural persons or legal entities cannot be unlawfully deprived of their right of private ownership for land plots and other objects of immovable property located on them. Redemption or forced alienation of land plots and other objects of immovable property located on them is permitted on the grounds of and by the procedure stipulated by the present Law. Redemption of land plots and other objects of immovable property located on them is permitted on the condition of reimbursement of their value in accordance with the law. Forced alienation of land plots and other objects of immovable property located on them in private ownership of natural persons or legal entities may be applied only as an exception for reasons of social necessity, on the grounds of and by the procedure established by law, and on the condition of advance and complete reimbursement of their value. The redeemed or forcibly alienated land plot may not be transferred to natural persons or legal entities into ownership or use not related to provision for social needs or social necessity determined in the decision on the alienation of the appropriate land plot, made by a body of state power or a body of local self-government.


The procedure for determining the redemption price is stipulated by Article 5 of the present Law.

According to Article 7 of the present Law, bodies of state power and bodies of local self-government have the right to redeem land plots and other objects of immovable property located on them in the ownership of natural persons or legal entities for the following social needs:
  • ensuring national security and defense;
  • construction, major repairs, reconstruction and maintenance of communication, utility, transport and energy facilities, and any facilities required for their exploitation;
  • housing of foreign diplomatic representative offices and consular institutions, as well as representative offices of international organizations in Ukraine according to the international treaties of Ukraine agreed to be binding by the Verkhovna Rada of Ukraine;
  • establishment and maintenance of objects related to mining operations;
  • construction of protective hydrotechnical structures;
  • construction and maintenance of oil and gas wells and industrial structures required for exploitation thereof, underground structures for storing oil, gas and other substances, burial of hazardous substances and industrial waste;
  • creation of city parks, preschool educational institutions, recreational grounds, stadiums and graveyards;
  • location of the nature reserve fund objects.

Articles 8 and 9 of the present Law determine the authority of bodies of executive power and local self-government in respect of redemption of land plots and other objects of immovable property located on them for the social needs.

The body of executive power or the body of local self-government that made the decision in respect of redemption of the land plot and other objects of immovable property located on them shall inform the owner of the land plot or immovable property in writing within five days of the decision being made, but not later than three months in advance of the planned redemption. The owner of the land plot and other objects of immovable property located on them shall inform the appropriate body of executive power or self-government in writing of their consent to start negotiations on terms of redemption or of their decline of redemption, within one month of receipt of the above notification. In case of the owner's consent to negotiations, representatives of the body that made the decision in respect of the redemption, shall conduct negotiations with the owner of the land plot and other objects of immovable property located on them as to the redemption price, terms and other conditions of redemption.

According to Article 12 of the present Law, redemption of the land plot and other objects of immovable property located on them is done by means of a purchase and sale agreement. This agreement is subject to notary attestation and state registration. If a land plot or immovable property is granted to the owner in exchange of the redeemed plot or property, an exchange agreement may be concluded. Redemption of the land plot and other objects of immovable property located on them is only carried out with consent of their owners. If a purchase and sale agreement (or another legal actions stipulating transfer of ownership) with the owner of the land plot and other objects of immovable property located on them is not concluded within one year of the decision to redeem the land plot and other objects of immovable property located on them for the social needs (except cases in which forced alienation of such objects is allowed on the grounds of social necessity), the decision becomes null and void. The owner of the land plot and other objects of immovable property located on them may choose to be reimbursed for the land plot and immovable property in the form of another land plot located within the territory within the scope of authority of the appropriate body of executive power or local self-government that made the decision. The value of the land plot and immovable property is taken into consideration for calculation of the redemption price.

Article 13 of the present Law envisages the rights of the owner of the land plot and other objects of immovable property located on them in respect of which the decision for redemption for the social needs was made.

According to Article 14 of the present Law, in case of redemption of a land plot and other objects of immovable property located on them for the social needs, the owner of the property can be reimbursed the value of the objects:
  • in monetary form; or
  • in form of an equivalent land plot; or
  • in form of objects of immovable property.

Article 15 of the present Law stipulates that if the owner of the land plot and other objects of immovable property located on them does not give consent for redemption of such objects for the social needs, the above objects can be forcibly alienated into state or communal property only as an exception for reasons of social necessity, and exclusively for the construction of:
  • objects of national security and defense;
  • communication, utility, transport and energy facilities, and any facilities required for their exploitation;
  • objects related to mining operations of national importance;
  • natural reserve fund objects
  • graveyards.

Forced alienation of land plots and other objects of immovable property located on them on the grounds of social necessity is done in compliance with the court decision.

The procedure for forced alienation of land plots and other objects of immovable property located on them on the grounds of social necessity is determined in Article 16 of the present Law.

Chapter IV of the present Law defines:
  • the mechanism for transition of property right for the alienated land plot and other objects of immovable property located on them, and the procedure for their use;
  • the procedure for return of redeemed or forcibly alienated land plots and other objects of immovable property located on them to the previous owner.

The final provisions of the present Law require introduction of corresponding amendments to the Land Code of Ukraine, the Civil Code of Ukraine, the Code of Administrative Proceedings of Ukraine, Laws of Ukraine "On the Procedure of Allocation of Land Plots in kind (in Places) to the Owners of Land Portions", "On Land Assessment", " On State Registration of Proprietary Rights to Real Estate and Their Encumbrances", and the Decree of the Cabinet of Ministers of Ukraine "On State Duty".
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