Over the long years of Ukraine's independence, legislation has undergone many changes. Special attention has always been paid to the Land Code, especially to the issue of land leases.
In fact, this type of land use came into force more than 7 years ago, when the law "On Land Leasing" was officially adopted. Currently, the lease of land for the construction of a residential or business entity is carried out within the framework of this legal document. Changes are periodically introduced, but the general principles of the procedure are preserved. In Ukraine, you can rent a plot of land from the owner or through local self-government bodies.
Peculiarities of renting a plot of land from the state
If real estate is erected on the site by the tenant, he has the right to its privatization. According to the law, everything seems to be extremely simple and effective, but before you rent land for construction, you need to take into account many legal factors, strictly follow the registration procedure and carefully study the legislation. The Land and Civil Codes of Ukraine determine that only executive bodies of local self-government have the right to approve the lease of plots of state or communal property. They, in turn, lease land only for certain purposes:
- Agriculture;
- gardening;
- construction of a residential building and farm buildings;
- individual cottage construction;
- construction of garages.
Leasing is carried out on the terms of an auction, without which it is allowed to transfer land to citizens who have the status of a participant in hostilities free of charge. In this case, a certain area of land can be used only for a specific purpose:
- Running a personal farm - no more than 2 ha.
- Gardening - no more than 0,12 ha.
- Construction of residential and commercial buildings - depending on the location of the plot, but not more than 0,1 ha.
- Construction of a garage - no more than 0,01 ha.
- Construction of a dacha no larger than 0,10 ha.
So, before renting land for the construction of a house, you need to understand what conditions in the law are acceptable for the tenant.
Renting a plot for construction: procedure for registration
So, according to the legislation, every Ukrainian has the right to receive a plot for rent, it can be purchased from the age of 18. The procedure for obtaining land was long and required strict compliance with the registration procedure. Let's analyze all the points step by step.
Determining the size of the site
Depending on the purposes for which the land is needed and in accordance with the law, the required area is determined. Therefore, you need to determine in advance why you need a plot for construction, gardening, agriculture or summer cottage. At the same time, after achieving the set goal, the land can be privatized, but only one plot. By the way, if you decide buy a house in Kyiv, we recommend contacting the best elite real estate agency THE
Land plot search
A public cadastral map is used for the search. You can register on the relevant state website and select a specific plot in a certain settlement.
Application submission
Land for rent for the construction of a house or other purposes is registered in local self-government bodies - city and village councils, microdistrict administration, etc. The application is filled out by the citizen himself, it states:
- For what purposes the plot will be used.
- What sizes of the plot can be indicated as an estimate, depending on the intended purpose.
Materials from the State Geocadastre are attached to the application, which is also called a petition, in which the exact location of the land and its approximate size are transferred. You can not contact the state authorities, but print out the geographic data from the public cadastral map. The marker highlights the plot of land that is best for rent.
A remote submission of a petition by mail with a receipt notification is allowed. If you fill it in at the administration, you should ask for a certificate of receipt. The application review period does not exceed 30 days. After this time, the state authorities accept the request or reject it, explaining the reasons for refusing to grant the plot.
Appeal to the local administration of the State Geocadaster
Specialists of the State Geocadastre must develop a project for the arrangement of the land plot. This service is paid, the cost of the specialists' work will depend on the purpose for which the land lease is issued - for the construction of a house, cottage or economic needs.
Submission of the project to the authorities
Local authorities carefully study the materials provided and carry out an examination. The site must comply with the sanitary-epidemiological and urban planning standards specified in the legislation. The site plan is submitted with a cover letter that describes the purpose of the request and requests that the documents be approved.
Conclusion of a lease agreement, registration of the plot
The lease agreement is concluded with the authorities on the basis of the provided documents. The agreement prescribes the lessee's responsibility for compliance with the intended use of the land plot. The document must be registered with a notary and becomes effective upon signing. A similar procedure is carried out for commercial land leases.
See also: What is self-development and how to legitimize it?
Land lease from the owner
Leasing of land for the construction of a store, the organization of an agricultural facility and other commercial purposes is usually carried out in certain settlements where such activity will be promising. When finding the right plot, it often turns out that it already has a certain owner. In this case, the lease is issued under conditions of mutually beneficial cooperation with the signing of the lease agreement. The document should clearly state the following points:
- Full description of the rental object with an appendix of geographical materials from the cadastral map.
- Term of the contract.
- Rental fee: exact amount, term and order of payment, indexation, responsibility for non-compliance with the specified conditions.
- What conditions are permissible when using the site, as well as a detailed description of the works (for example, construction) planned on the specified area.
- Conditions and terms of land lease.
- In what cases and in what order should the land return to the owner's use.
- What restrictions apply to this site.
- Responsibilities of the parties.
The document must be certified by a notary, each party has the right to study it and receive an original copy. Disputes between the lessee and the lessor are resolved in court, within the framework of current legislation.
See also: Where is it better to buy an apartment: in a new building or on the secondary market?
Visnovok
If you are interested in renting land for the construction of a private house or other purposes, it is important to approach the search for a plot responsibly. A leisurely and detailed study of the legislation will allow you to avoid mistakes in the process of drawing up the lease and at the stages of signing the contract. That is why legal savvy in matters of land lease for building a house is considered an important component of such an event. If you have any questions, contact the lawyers of our agency. Subscribe to our updates real estate portal and receive the latest publications from the real estate agency THE Capital.
