For many years of independence of Ukraine, the law has undergone a lot of changes. Particular attention has always been paid to the Land Code, especially the issue of rent land plots.
In fact, this type of land use came into force more than 7 years ago, when the Law “On Land Lease” was officially adopted. Currently, the lease of a land plot for the construction of a residential or economic entity is carried out within the framework of this legal document. Changes are made from time to time, but the general principles of the procedure remain. In Ukraine, you can rent a land plot from the owner or through local governments.
Peculiarities of leasing a land plot from the state
If real estate is built on the territory of the site by the efforts of the tenant, he has the right to privatize it. According to the law, everything seems extremely simple and effective, but before renting 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 Code of Ukraine determine that only the 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 of use:
- Agriculture;
- gardening;
- construction of a residential building and utility structures;
- individual suburban construction;
- construction of garages.
The lease is carried out on the basis of an auction; without it, the free transfer of land plots to citizens who have the status of a participant in hostilities is allowed. In this case, a certain area of land can only be used for specific purposes:
- Household management - no more than 2 hectares.
- Gardening - no more than 0,12 hectares.
- Construction of residential and utility buildings - depending on the location of the site, but not more than 0,1 hectares.
- Garage construction - no more than 0,01 hectares.
- Summer cottage construction - no more than 0,10 hectares.
Thus, before renting land for building a house, you need to understand what conditions in the law are acceptable for the tenant.
Lease of a plot for construction: registration procedure
So, according to the law, every Ukrainian has the right to receive a land plot for lease, it is acquired from the age of 18. The procedure for obtaining land is lengthy and requires strict adherence to the registration procedure. Let's analyze all the points in stages.
Determining the size of the plot
Depending on the purpose 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 a summer cottage. At the same time, after achieving the set goals, the land can be privatized into ownership, but only one plot. By the way, if you decide buy a house in Kyiv, we recommend contacting the best luxury real estate agency THE Capital.
Land search
The public cadastral map is used for the search. You can register on the relevant government website and select a specific site in a specific locality.
Application submission
Land for rent for the construction of a house or for other purposes is registered in local self-government bodies - city, village councils, the administration of the microdistrict, etc. The application is filled in with his own hand by a citizen, it indicates:
- For what purposes the site will be used.
- What are the dimensions of the site - you can indicate roughly, depending on the intended purpose.
The application, also called a petition, is accompanied by materials from the State Geocadastre, which convey the exact location of the land and its approximate size. You do not need to contact government agencies, but print geographic data from a public cadastral map. The marker marks the plot of land that is preferable to rent.
Remote submission of a petition via mail with notification of receipt is allowed. If you fill it out at the administration, you should ask for an act of receipt. The term for consideration of the application is no more than 30 days. After this time, the state authorities accept the application or reject it, explaining the reasons for the refusal to provide the site.
Contacting the local administration of the State Geocadastre
Specialists of the State Geocadastre must develop a project for the arrangement of a land plot. This service is paid, the cost of the work of specialists will depend on the purpose for which the land lease is issued - for the construction of a house, a summer cottage or household needs.
Submission of the project to the authorities
Local authorities carefully study the materials provided and conduct an examination. The site must comply with the sanitary-epidemiological and urban planning standards specified in the legislation. The site project is submitted with an accompanying letter that describes the purpose of the request and asks for approval of the documents.
Conclusion of a lease agreement, registration of a plot
The lease agreement is concluded with the authorities on the basis of the documents provided. The agreement prescribes the responsibility of the tenant for compliance with the intended use of the land. The document must be registered with a notary and comes into force from the moment of signing. A similar procedure is followed for commercial land leases.
Read more:: What is self-construction and how to legalize it?
Land lease from the owner
Lease of land for the construction of a store, the organization of an agricultural facility and other commercial purposes, as a rule, is carried out in certain settlements where such an activity will be promising. When finding the right site, it often turns out that it already has a certain owner. In this case, the lease is formalized on the terms of mutually beneficial cooperation with the signing of a lease agreement. The following points should be clearly spelled out in the document:
- Full description of the rental object with the attachment of geographical materials from the cadastral map.
- Contract time.
- Rental fee: exact amount, term and procedure for payment, indexation, liability for non-compliance with the specified conditions.
- What conditions are acceptable when using the site, as well as a detailed description of the work (for example, construction) planned for the designated area.
- Terms and conditions for the transfer of land for lease.
- In what cases and in what order should the land be returned to the owner for use.
- What are the restrictions when using this site.
- Responsibilities of the parties.
The document must be certified by a notary, each party has the right to study it and receives an original copy. Disputes between the tenant and the landlord are resolved in court, within the framework of the current legislation.
Read more:: Where is it better to buy an apartment: in a new building or on the secondary market?
Hack and predictor Aviator
If you are interested in renting land for the construction of a private house or for other purposes, it is important to responsibly approach the issue of finding a site. A leisurely and detailed study of the law will allow you to eliminate errors in the process of registering a lease and at the stages of signing an agreement. That is why legal knowledge in matters of land lease for the construction of a house is considered an important component of such an event. If you have any questions, please contact the lawyers of our agency. Subscribe to our updates real estate portal and get the latest publications from the real estate agency THE Capital.
