Publication date: 09.06.2024
The Procedure for State Registration of Rights to Land Plots: Legislative Novelties and Practice
Introduction
State registration of rights to land plots is a fundamental element of the legal system of land relations in Ukraine. Under the current legislation, rights to land plots are subject to mandatory registration in the State Register of Real Property Rights. In this article, we will analyze the procedure for state registration of rights to land plots, recent changes in the legislation and
practical aspects of the implementation of these norms.
Legal framework
The main legal acts regulating the state registration of rights to land plots are:
- The Law of Ukraine "On State Registration of Real Property Rights and Encumbrances" defines the procedure for registering rights to real property, including land plots.
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- Land Code of Ukraine - contains provisions on ownership and other property rights to land plots.
- The Law of Ukraine "On the State Land Cadastre" regulates the maintenance of the state land cadastre, which is the basis for registration of rights to land plots.
- The Civil Code of Ukraine establishes general rules on property rights and other rights in rem to land plots.
The procedure for state registration of rights to land plots
Submitting an application:
- An application for state registration of rights to a land plot is submitted to the state registration authority or through a notary.
- The application can be submitted electronically through the Public Services Portal or in person.
Required documents:
- A document confirming the right to a land plot (e.g., a purchase and sale agreement, a gift agreement, a certificate of inheritance).
- Extract from the State Land Cadastre on a land plot.
- A document confirming payment of the administrative fee.
Reviewing the application and making a decision:
- The state registration authority considers the application and documents within 5 business days.
- If the documents meet the legal requirements, a decision is made on the state registration of rights to the land plot.
Entering information into the Register:
- Information on the right to a land plot is entered into the State Register of Real Property Rights.
- After entering the information, the applicant receives an extract from the Register, which is a confirmation of state registration of rights.
Legislative innovations
Recent changes in the legislation relating to state registration of rights to land plots include:
Simplification of procedures:
- The introduction of the possibility of filing applications in electronic form greatly simplifies the process of registration of rights.
- Reduction of application processing time from 14 to 5 business days.
Strengthening the protection of property rights:
- Introduce additional measures to ensure the protection of owners' rights against raider attacks.
- Introduction of electronic monitoring of changes in the Register to detect illegal actions.
