Bureau of technical supervision

Simplified procedure of land privatization

By the way, if you already have land, but you haven’t privatized it, then you know that by law you can do it under the simplified scheme.

технический надзор за строительством

технический надзор за строительством

The Cabinet of Ministers of Ukraine in 2009 adopted the Procedure for free registration and issue to citizens of Ukraine the state acts on ownership right to land plots, approved by Decree of 05.08.2009 № 844 (hereinafter — the Order). This document stated that since 2009 and in subsequent years for citizens sets out a simplified procedure of free privatization of land plots.

There is a simplified procedure for obtaining state acts for land plots with the following intended purposes:

for the construction and maintenance of residential homes and commercial buildings,
maintaining personal agriculture in the settlements,
gardening (according to article 121 of the land code of Ukraine). Supervision of construction of such objects is troublesome and very costly.
To obtain the state act on ownership right to land plot, the citizen must file a village, settlement, city mayor on the location of the land plot the following documents:

a copy of the document proving the identity;
a copy of the document on tax identification number (TIN) according to the state Register of individuals-taxpayers;
a copy of the decision on the transfer of land ownership by the local government or regional state administration, as well as in the case of technical documentation on land management or the project of land allocation, developed and approved until August 15, 2009
Territorial bodies of land resources of Ukraine, regional state administrations, local self-government bodies are prohibited from requiring citizens of any other documents than those referred to above (p. 2 of Order).

It should be noted that in accordance with paragraph 3 of the Order, the technical documentation gotovitsya citizens free, at the expense of the state budget.

According to paragraph 11 of the Order, issuance of the state act on ownership right to land is performed within 30 working days from the date of receipt of the application, at the location of the land plot. With the funding of works and services related to the preparation of technical documentation, the preparation and issuance of state acts on ownership right to land plot by the customer at the expense of the state budget (paragraph 14 of the Order).

The nuances, pitfalls
The right to free privatization can be used by the citizen only once for each shestietazhnyj above types of land use (part 4 of article 116 of the LCU). That is, if a person received land for construction — more than he can claim the land for construction, but for other types of land to claim. And technical supervision of construction should be entrusted to professionals.

In this case, the square footage, which owns the citizen, does not matter: if a citizen got 8 “acres” for the construction of housing in the city, he has no right to demand from the local Council to give him 2 more “weave” for free. The law knows only one exception: citizens of Ukraine who have exercised their right to free privatization of land for private farming in the amount of less than 2.0 hectares, are entitled to an increase of land in the limits established by article 121 of the Land code of Ukraine for maintaining personal agriculture.

In the case of privatization of the plot of one of the spouses, for example, a man, a woman does not lose the right to free privatization, but privatized their plots are considered their joint property.

The above 6 cases, free of charge privatization of land relate to the situation where a citizen uses uchastka meet their own household needs. If we are talking about the implementation of economic activities, the land code of Ukraine allows also and free privatization of the land plots of the forest Fund with an area up to 5 ha consisting of farm, rural and other farms. That is, citizens do not have the right for free privatization of the forest land for individual housing construction or cottage.

Another aspect is the Land code establishes the maximum sizes of land plots that can provide free of charge to the ownership, larger land for free can not provide. But less than these standards can provide.