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Publication date: 20.05.2024
lawyer, 23 years of experience in enforcement.
According to the provisions of clause 27 of ch. IX of the Land Code of Ukraine, during the period of martial law in Ukraine, it is prohibited to take ownership of a plot of land on the basis of a land management decision and project. This restriction does not apply to the allocation of land for use.
ТекстIn accordance with the provisions of Art. 50 of the Law of Ukraine "On Land Management" dated 05/22/2003 No. 858-IV, a land management project regarding the allocation of a land plot is drawn up in the case of a change in the purpose of land plots or the formation of new land plots, in particular in the case of free ownership or use under the terms of a land plot lease from the lands of state or communal property.
Article 121 of the Land Code of Ukraine stipulates that citizens of Ukraine have the right to free transfer of land plots from state or communal property in the following sizes: no more than 2.0 ha (for personal farming), no more than 0.12 ha (for horticulture), in villages no more than 0.25 ha, in towns no more than 0.15 ha, in cities no more than 0.10 ha (for the construction and maintenance of a residential building, farm buildings and structures (homestead), no more than 0 .10 ha (for individual summer cottage construction), no more than 0.01 ha (for individual garage construction).
In accordance with the provisions of Art. 123 of the Land Code of Ukraine, in order to obtain a permit for the development of a land management project, an interested person applies to the relevant body of executive power or local self-government, which transfers ownership of state or communal land plots.
The powers of such bodies are determined by Art. 122 of the Land Code of Ukraine.
The petition specifies the purpose of the land plot and its approximate dimensions.
Graphical materials are attached to the petition, on which the desired location of the land plot is indicated.
The relevant authority, within the limits of its authority, examines the request within a month and gives permission for the development of the land management project or gives a reasoned refusal to provide it.
In the absence of grounds for refusal to grant a permit, the authority makes a decision to grant a permit for the development of a land management project.
In accordance with the provisions of Part 3 of Art. 123 of the Land Code of Ukraine, the reason for refusing to grant such a permit can only be non-compliance of the location of the land plot with the requirements of the laws adopted in accordance with them, normative legal acts, as well as general plans of settlements, other urban planning documentation, land planning schemes and technical and economic justifications for use and land protection of administrative-territorial units, land management projects regarding the regulation of the territory of settlements, approved in accordance with the procedure established by law.
According to Part 3 of Art. 123 of the Land Code of Ukraine, if within a month the relevant authority has not made a decision on granting permission or on refusing to grant permission for the development of a land management project, then a person interested in obtaining land management documentation has the right to order the development of documentation without providing such permission, which is notified in writing by the relevant authority.
The project is developed at the request of citizens by business entities that are developers of land management documentation in accordance with Art. 26 of Law No. 858-IV, which have the appropriate certificates, within the terms stipulated by the agreement of the parties.
Requirements for land management projects regarding the allocation of land plots are contained in Article 50 of Law No. 858-IV.
The project is approved in accordance with the procedure established by Part 3 of Art. 186 of the Land Code of Ukraine.
The relevant competent authority, defined in Art. 186 of the Land Code of Ukraine is obliged, within ten working days from the date of receipt of the land management documentation, to provide free of charge or send by registered letter with a notification to the developer his conclusions with a mandatory reference to the laws and normative legal acts adopted in accordance with them, which regulate relations in the relevant sphere The term of validity of such conclusions is unlimited.
Part 6 of Art. 186 of the Land Code of Ukraine stipulates that approved land management documentation is submitted in electronic form by the developer to the State Fund of Land Management and Land Assessment Documentation.
The provisions of Part 8 of Art. 186 of the Land Code of Ukraine, it is determined that the grounds for refusal to approve and approve land planning documentation can only be its non-compliance with the requirements of laws and regulations adopted in accordance with them, land planning documentation or urban planning documentation.
Part of the 10th Art. 186 of the Code, it is established that the conclusions or decisions of the relevant body regarding the refusal to approve or approve land management documentation must contain an exhaustive list of deficiencies in land management documentation with a description of the content of the deficiency and a reference to the relevant norms of laws and regulatory legal acts adopted in accordance with them, approved documentation from land management or urban planning documentation. A repeated refusal to approve or approve the documentation with land management is allowed only if the developer has not eliminated the deficiencies indicated in the previous opinion (decision), as well as if the reason for the refusal arose after the previous opinion (decision) was issued.
Repeated refusal of approval or approval does not deprive the developer of land management documentation of the right to eliminate the shortcomings of such documentation and submit it for approval or approval.
In accordance with Part 9 of Art. 186 of the Land Code of Ukraine it is prohibited to demand:
- - additional materials and documents that are not included in the land management documentation set 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.
Land plot registration is carried out in accordance with the provisions of the Law of Ukraine "On the State Land Cadastre" dated 07.07.2011 No. 3613-VI, and the Procedure for Maintaining the State Land Cadastre, approved by the Cabinet of Ministers of Ukraine Resolution No. 1051 dated 10.17.2012.
Regarding the procedure for land plot registration, see land plot registration procedure.
Legal service "Consultant" will select the appropriate specialists who will form a legal analysis of the situation and help to quickly and efficiently accompany the production of the relevant project documentation. A lawyer or an attorney will provide legal services quickly and efficiently, and if it is not possible to meet the relevant specialist in person, they will provide legal services online, lawyer services
