Publication date: 09.06.2024
Legal aspects of using land plots for personal farming
Introduction
Private household farming (PHF) in Ukraine is an important element of rural development and food security. Legislative regulation of this issue has its own peculiarities, which provide the legal basis for the use of land plots for private farming. In this article, we will consider the main legal aspects of the use of land plots for private farming, including permitting procedures, restrictions and rights of land users.
Legal framework
The main legal acts regulating the issues of running a personal farm are:
- The Land Code of Ukraine defines the legal regime for the use of land plots for private households.
- The Law of Ukraine "On Personal Peasant Farming" establishes the legal, economic and social framework for running a private farm.
- Civil Code of Ukraine - contains general provisions on ownership and other property rights to land plots.
- The Law of Ukraine "On the State Land Cadastre" regulates the procedure for registration of land plots.
Determination and designation of land plots for households
Land plots for personal farming are allocated from agricultural land. According to the law, private households are activities that involve the production of agricultural products to meet the personal needs of the household and the sale of surplus products.
Procedure for obtaining a land plot for a private household
Obtaining land ownership:
- Land plots for individual farms may be granted to citizens through free transfer from state or municipal land.
- To obtain a land plot, you must submit an application to the relevant local government or state authority.
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Lease of a land plot:
- Citizens can lease land plots for agricultural enterprises on the basis of a lease agreement.
- A lease agreement is concluded on the basis of the results of a land auction or without an auction in cases provided for by law.
Rights and obligations of land users
Rights of land users:
- To use the land plot for running a private household.
- To construct auxiliary facilities necessary for the farm.
- Receive government support in the form of subsidies, soft loans and other types of assistance.
Responsibilities of land users:
- Use the land plot in accordance with its intended purpose.
- Comply with environmental regulations and standards.
- Pay land tax or rent in a timely manner.
Restrictions on the use of land plots for private households
- Prohibition on changing the designated purpose:
- Land plots for individual farms cannot be used for other purposes without changing their designated purpose in accordance with the established procedure.
- Environmental restrictions:
- The use of land plots must be carried out in compliance with environmental requirements for the protection of soil, water resources and the environment.
- Restrictions on construction:
- On land plots for individual farmers, only auxiliary structures necessary for farming can be built.
