Publication date: 09.06.2024
Legal aspects of changing the designated purpose of land plots
Introduction
Changing the designated purpose of land plots is an important aspect of land management in Ukraine. This process is regulated by the Land Code of Ukraine and a number of bylaws. Changes in the designated purpose of land plots can be caused by various reasons, such as the need for development, infrastructure development, or other economic projects. In this article, we will look at the legal aspects of changing the designated purpose of land plots, the procedure involved in this process, and possible problems in practice.
Concept and grounds for changing the designated purpose
The designated purpose of a land plot determines the purposes for which it can be used (e.g., agricultural production, residential development, industry, etc.). A change in the designated purpose is necessary when the owner or user of a land plot plans to use it for other purposes not provided for by the current designation.
Procedure for changing the designated purpose of a land plot
Preparation of the necessary documents:
- Application: The owner of a land plot submits an application for a change of designated purpose to the relevant local government or executive authority.
- Documents of ownership: Documents confirming the ownership of the land plot (e.g., state act, certificate of ownership, etc.) must be provided.
- Land management project: A land management project is developed to change the designated purpose of the land plot, including technical and economic justifications.
Approval of the land management project:
- Expert review: The land management project is subject to mandatory examination by the relevant state authorities.
- Approval by executive authorities: After the expert review, the project is approved by the relevant executive authorities, including land resources, architecture and urban planning authorities.
Approval of the decision to change the designated purpose:
- Consideration of the application and project: The local self-government body considers the application and the land management project at its meetings.
- Decision-making: After consideration, a decision is made to change the designated purpose of the land plot, which is approved by the relevant act.
State registration of a change of purpose:
- Submission of documents to the State Registrar: After the decision is approved, the land plot owner submits the necessary documents to the State Registrar to make changes to the State Register of Real Property Rights.
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- Obtaining an extract: After registration, the owner receives an extract from the State Register confirming the change of the land plot's designated purpose.
Problems in practice
- Bureaucratic obstacles: The process of changing the designated purpose of a land plot can be protracted due to the large number of approvals and required documents.
- Lack of clear regulations: Problems often arise due to the lack of clear regulations and instructions for changing the designated purpose for certain categories of land.
- Conflicts of interest: There may be conflicts between landowners and local governments or other stakeholders.
