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Publication date: 20.05.2024
lawyer, 23 years of experience in enforcement.
According to the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Creation of Conditions for Ensuring Food Security in Martial Law" the specifics of the regulation of land relations during the period of martial law are defined, in particular, the Land Code of Ukraine is supplemented by clauses 27 and 28 in Chapter X. Transitional Provisions".
These points establish a number of features that relate to the procedure for changing the purpose of land plots under martial law.
On July 24, 2021, the changes provided for by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Land Use Planning" entered into force, according to which the determination of the category of land and the purpose of the land plot will take place within the limits of the appropriate type of functional purpose of the territory provided for in the approved comprehensive plan of the spatial development of the territory (hereinafter referred to as the CPPRT) of the territorial community or the general plan (hereinafter referred to as the General Plan) of the settlement.
In accordance with the provisions of this law, by January 1, 2025, local councils must ensure that information about the functional zones defined in the urban planning documentation is entered into the State Land Cadastre. From the moment of entering information about functional zones into the State Land Cadastre and their approval, it will not be necessary to develop land management documentation and approve it in the local council to change the purpose of the land plot.
Thus, in order to choose an algorithm for changing the purpose of a land plot, an interested person needs to find out whether urban planning documentation has been developed/approved and whether information about the functional zone within which the land plot is located has been entered into the DZK.
The new procedure for changing the purpose of land plots will be applied only when the corresponding type of functional purpose of the territory is provided for by the approved CPPRT of the territorial community or the general plan of the settlement.
In accordance with the provisions of Part 6 of Art. 20 of the Land Code of Ukraine, changing the purpose of the land plot does not require:
- development of land management documentation (except in cases of formation of a land plot from state and communal property, not formed into land plots);
- adoption of decisions by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the body of executive power and the body of local self-government (except for decisions on establishing and changing the target designation of land plots, which are issued by such bodies).
However, if the urban planning documentation has not been developed/approved, and information about the functional zone within which the land plot is located has not been submitted to the DZK, the old procedure will be applied, which will require the development and approval of the land management project.
In this case, permission to change the purpose of the land plot is no longer required. Only a notarized application to change the purpose of the land plot, signed by the owner, is required.
It is this statement that will be the basis for the development of the land management project regarding the change in the purpose of the land.
The Land Code of Ukraine in Part 3 of Art. 20 stipulates that a change in the purpose of agricultural land can be carried out outside the boundaries of the type of functional purpose of the territory provided for by the approved CPPRT of the territorial community or the General Plan of the settlement. Exceptions are their assignment to land plots for horticulture, changes in the purpose of land plots under field protection forest strips.
Article 37-1 of the Land Code of Ukraine specifies that agricultural land plots, intended for personal peasant farming, farming, located in an array of agricultural land, can be used by their owner, land user also for commercial agricultural production without changing the purpose of such land plots
During martial law, in accordance with paragraphs i) pp. 2, clause 27 of Chapter X of the Land Code of Ukraine, the lease of agricultural land of state, communal property, which is not classified as land for commercial agricultural production, for commercial agricultural production is carried out without changing its intended purpose. The lessee of a plot of land "for commercial agricultural production" does not have the right, in particular, to change its purpose.
The provisions of Part 1 of Art. 50 of the Law of Ukraine "On Land Management" it is determined that land management projects regarding the allocation of land plots are developed in the case of the formation of new land plots from state, communally owned lands (except for the cases of the formation of land plots according to other land management documentation) and in the event of a change in the purpose of land plots in in cases defined by law.
To develop a land management project on a change of purpose, it is necessary to apply to a land management organization that has certified land management engineers on its staff, and conclude a corresponding agreement on the development of land management documentation (a land management project on changing the purpose of a land plot).
Part of the 7th Art. 20 of the Land Code of Ukraine defines the cases of approval of a change in the intended purpose of land plots.
Part 4 of Art. 24 of the Law of Ukraine "On the Regulation of Town Planning Activities" it is established that a change in the intended purpose of a land plot is allowed only under the condition of compliance with the rules of the relationship between the new type of intended purpose of the land plot and the type of functional purpose of the territory determined by the relevant urban planning documentation at the local level, except for the cases specified in 3 st. 20 of the Land Code of Ukraine.
Approval of the land management project is carried out:
- regarding the land plot of state/communal property - by decision of the body that disposes of it in accordance with Art. 122 of the Land Code of Ukraine;
- with regard to the land plot of private property - by decision of the village, settlement, city council, on the territory of which the corresponding land plot is located.
The corresponding decision must be made within a month from the date of receipt of the diversion project.
The local self-government body at its regular session makes a decision on approval or refusal to approve the land management project. Refusal to approve the land management project can be challenged in court.
Importantly! In accordance with the norms of Part 7 of Art. 186 of the Land Code of Ukraine, authorized bodies are prohibited from demanding:
- additional materials and documents that are not included in the land management documentation defined by the Law of Ukraine "On Land Management";
- approval of land management documentation by any other executive power bodies, local self-government bodies, enterprises, institutions or organizations, the approval of which is not provided for in this article;
- carrying out any examinations, examinations or works.
The grounds for refusal to approve and approve land management documentation are determined by Part 8 of Article 186 of the Land Code of Ukraine.
After approval of the land management project, it is necessary to apply to the state cadastral registrar in the territorial (district, city) body of the State Geocadastre of Ukraine with an application to make changes to the information about the land plot. This service is free.
It should be noted that, according to para. 10 p. 27 of Chapter X "Transitional Provisions" of the Land Code of Ukraine, the book of registration of land ownership and land use under martial law is maintained by the district military administration in paper and electronic forms. In the Book of Registration of Land Ownership and Land Use under martial law, state registration is carried out, in particular, changes in the purpose of the land plot.
According to Part 5 of Art. 24 of the Law of Ukraine "On the State Land Cadastre", the application is considered within 14 days.
To confirm the state registration of the land plot, the applicant is issued an extract from the State Land Cadastre about the land plot free of charge. The extract contains all the information about the land plot entered in the Land Register. A component part of the extract is the cadastral plan of the land plot.
The state registrar may also refuse to carry out such registration, in the cases specified in part 6 of Article 24 of the Law of Ukraine "On the State Land Cadastre".
Legal service "Consultant" will select appropriate specialists who will form a legal analysis of the situation and help to quickly and effectively change the purpose of the land plot. A lawyer or an attorney will provide legal services quickly and efficiently, and if it is not possible to personally meet with the relevant specialist, legal services will be provided online, legal services online, lawyer services online.
