Law of Ukraine

“On Amendment of Certain Legislative Acts of Ukraine Related to Improving the Procedure of Land Plot Allocation”

Date of entry into force:
July 27, 2013

The Law presents a new version of Article 53-5 of the Code on Administrative Offences of Ukraine, which establishes administrative liability for:
  • officials of the Council of Ministers of the Autonomous Republic of Crimea, an executive authority or a body of local self-government, for violation of the deadline for approval (refusal to approve) of land development documents as established by the legislation (fine of UAH 610 to UAH 850);
  • for the above violation, if committed by an official who has been subjected to administrative sanctions for the same violation during the past year (fine of UAH 850 to UAH 3,400).

The procedure for free privatization of land plots by natural persons is established by Article 118 of the Land Code of Ukraine.

According to amended Article 118 of the Land Code of Ukraine, an application for a free grant of a land plot held in state or municipal ownership for the purposes of farming, personal agricultural work, gardening, construction and servicing of a residential house, household outbuildings and structures (subsidiary plot), individual cottage construction, or construction of individual garages within the limits of free privatization, is submitted with enclosed graphics materials (amended to – excerpt from the cadastral map (plan) or other graphical materials) that indicate the location of the land plot, the permit of the land user (in case the land plot is being seized from the use of other persons), and documents that confirm agricultural work experience or education received in an agrarian educational facility (in case the land plot is being granted for farming purposes). The Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the executive authorities or bodies of local self-government that grant the use of land plots held in state or municipal ownership according to their authority as per Article 122 of the Land Code of Ukraine, may not demand additional materials and documents not provided for in Article 118 of the Land Code of Ukraine.

If, within one month from the date of the application registration, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, an executive authority or a body of local self-government that grant the use of land plots held in state or municipal ownership according to their authority as per Article 122 of the Land Code of Ukraine, fail to provide the permit to draft the land development documents for land plot allocation, or a motivated refusal to issue such permit, then the person interested in receiving a land plot from the state- or municipal-owned lands free of charge, within one month after the expiration of the above term, has the right to commission drafting of the land development project for land plot allocation without such permit, of which they must notify the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the respective executive authority or the respective body of local self-government in writing. Enclosed to the written notification shall be the agreement for land development work related to the land plot allocation (amended part 7, Article 118 of the Land Code of Ukraine).

The procedure for granting the use of state- or municipal-owned land plots is established by Article 123 of the Land Code of Ukraine.

According to the new version of part 1, Article 123 of the Land Code of Ukraine, the use of state-owned or municipal-owned land plots is granted by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the executive authorities or bodies of local self-government. The decision of the above bodies is made on the basis of land development projects for land allocation, in case of:
  • grant of the land plot for a new designated purpose;
  • creation of a new land plot (except division and merger).
The use of a land plot registered in the State Land Cadastre according to the Law of Ukraine “On the State Land Cadastre”, the title of which is registered in the State Register of Immovable Property Corporeal Rights, is granted without drafting of land development documents, if its boundaries and designated purpose remain unchanged. In other cases, the use of a land plot is granted on the basis of technical land development documents that include land plot siting (on-site). In this case, such documents are drafted based on a permit issued by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, an executive authority or a body of local self-government, within the authority established by Article 122 of the Land Code of Ukraine, except for cases when the person interested in receiving the use of the land plot assumes the right to draft such documents without the above permit.

The Law adds a new provision to Article 123 of the Land Code of Ukraine, according to which, if, after a month from the date of the application registration, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, an executive authority or a body of local self-government that grant the use of land plots held in state or municipal ownership according to their authority as per Article 122 of the Land Code of Ukraine, fail to provide the permit to draft the land development documents, or a motivated refusal to issue such permit, then the person interested in receiving a land plot from the state- or municipal-owned lands, within one month after the expiration of the above term, has the right to commission drafting of the land development documents without such permit, of which they must notify the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the respective executive authority or the respective body of local self-government in writing. Enclosed to the written notification shall be the agreement for land development work related to the land plot allocation.
Внимание! Информация устарела из-за того, что этот раздел временно не обновляется!


вверх