Bureau of technical supervision

How legit and free to get a piece of land from the state

Few people know that in our country today have the opportunity to obtain land for free and, most importantly, legally. This right is guaranteed to us by the Constitution of Ukraine and the Land Code of Ukraine. The problem is that the procedure itself the free allocation of land few people know. But we’ll tell you.

According to article 121 of the Land Code of Ukraine (further-the land code of Ukraine), Ukrainian citizens have the right to free transfer of land plots in these sizes:

for maintaining personal agriculture — up to 2 hectares of land
for gardening — to 0.12 hectares of land,
for the construction and maintenance of residential houses, commercial buildings and structures:in rural areas — 0.25 hectares of land,
in the villages — up to 0.15 hectares of land,
in the cities — up to 0.10 ha of land;
for an individual country construction — up to 0.10 ha
for the construction of garages — up to 0.01 hectares of land
for farming (in the amount of land share (share) for certain members of agricultural enterprises located on the territory of village, settlement, city Council, where the farm)
Article 116 of the land code of Ukraine clarifies that the free transfer of land plots into the ownership of citizens is carried out once for each type of use. This means that every citizen of Ukraine has the right to get a totally free in their private property (privatize) six plots of land for various purposes. It can be ground in cities, towns, other settlements and outside (depending on purpose).

Where?

The law is not due to the necessity of obtaining land in the place of residence. So get your plot of land can be in any region of Ukraine. Of course, the “Golden” land near Kiev the state is unlikely to give. But the plot in the countryside — an entirely true story. But for this purpose it is necessary to work hard.

Procedure, documents, offices
The General procedure for obtaining by citizens of Ukraine of land plots on the basis of free privatization is governed by article 118, 151 of the land code of Ukraine and includes several stages:

1. Application (petition) to Executive body or local government body (e.g. the city Council) about the choice of location of a land plot, where indicated:

the approximate size of the land plot,
his purpose,
add to it a map or drawing indicating the desired location of the earth (below we will tell you how to determine),
written consent of tenant, certified by a notary (in case of withdrawal of the land plot). The cost of such certification by a notary in Kiev — from 600 UAH.
The respective body of local self-government or Executive authority after the registration of the application sends copies for review to:

territorial bodies of Executive power on land resources;
bodies of urban planning and architecture;
the bodies of cultural heritage protection;
the authorities of environmental protection;
sanitary-epidemiological service;
territorial Executive authorities on issues forestry and/or water management (if necessary; section 7 of article 151 of the land code of Ukraine).
They are required to provide conclusions on the feasibility of allotment of land for the purposes specified in the application, limit the size, area of land plot and conditions of its allotment.

2. The decision of Executive authorities and local self-government on the privatization of land taken within a monthly period on the basis of technical materials and documents (part 2 of article 118 of the land code of Ukraine).

In one calendar month he gives the nod to the development of a land management project on allotment of land plot or motivate its refusal.

The government can justify the rejection of only one reason: the discrepancy of the location of the land plot to the requirements of laws and regulations, General plans of settlements, other urban planning documentation.

In case of positive decision the citizen give permission for the development of the project of privatization of land.

3. The development of the project of land allocation is the next stage. To do this, refer to land management organization, properly licensed, which conclude the contract. This agreement defines the terms and conditions of the development of the project of land management on branch of your land site ( part 7 of article 118 of the land code of Ukraine).

Work is carried out on the basis of a Model contract on the development of a land management project on allotment of the land plot, approved by the Cabinet of Ministers of Ukraine.

4. Serves the project of allotment of land to the Commission for consideration of issues related to coordination of land management documentation. She’s in for three weeks should provide to relevant Executive authorities the conclusion: to coordinate the project or to refuse. If the land is subject to mandatory state examination of land use documentation, the Commission shall submit the agreed draft for examination to the relevant authority of land resources.The cost of this project depending on the implementing entity is 1-3 thousand UAH.

5. Obtaining the state act on ownership right to land. Coordinated project of land allocation served to the authority which issued the permit for the development of this project, where for two weeks a decision on approval of land management project on allotment of land plot and provide it to the property (part 10 of article 118 of the land code of Ukraine). Refusal or abandonment of the application without consideration may be appealed in court.

After receiving the decision on granting the land plot into ownership, the citizen should receive the state act on ownership right to land plot, which is the title document, confirming the right of private ownership of land. As of 1 January 2013 the state acts on private ownership of land may not be issued, and rights to land and other real estate shall be certified by the same document – Endurance (Withom) from the state register of rights.