Main points
- Ukrainian legislation provides that when a house is sold, ownership of the land plot automatically transfers to the new owner.
- Foreigners and stateless persons can obtain ownership of non-agricultural land plots by purchasing real estate located on these plots.
Land under a private house / Photo by Pexels
Ukrainian law provides for the principle of unity of the house and the plot on which it is built. When a house is sold, ownership of the land is automatically transferred to the new owner.
Who owns the land under the house?
According to Article 377 of the Civil Code of Ukraine, a person who acquires ownership of an object of real estate, the ownership of which is registered in accordance with the procedure established by law, simultaneously transfers the ownership or right to use the land plot on which such an object is located, the Civil Code of Ukraine states.
At this time, there is no change in its intended purpose to the extent and under the conditions established for the previous owner of the land plot, in the manner and under the conditions specified by law.
Article 120 of the Land Code of Ukraine defines exactly how the right to a land plot is transferred in the event of acquisition of ownership rights to a building located on it, its economic management, and operational management (except for an apartment building).
Ownership of the land passes to the new owner
Acquire ownership of land plots on the basis of purchase:
- under a contract of sale, rent, gift, exchange, and other civil law agreements;
- in the case of free transfer from state and municipal property;
- in the case of privatization of land plots that were previously provided to individuals for use;
- in case of acceptance of inheritance;
- in the event of allocation in kind (on the ground) of their land share (share).
Foreigners and stateless persons may acquire ownership rights to non-agricultural land plots in the event of the acquisition of real estate objects located on the land plots.
If an individual or legal entity of private law acquires ownership of a residential building (except for an apartment building) located on a land plot that is privately owned by the previous owner, the ownership of such land plot simultaneously transfers to the acquirer of the real estate object without changing its intended purpose.
Please note! At the same time, if the previous owner owned a share in the land plot in the right of joint ownership, the new owner of the real estate property shall be granted ownership of such share of the land plot. Similarly, the corresponding share of the land plot shall be granted ownership to the acquirer of the real estate property in the event of his acquisition of a share in the joint ownership of such property.
How to sell a land plot in Ukraine that does not have a cadastral number?
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It is impossible to sell land without a cadastral number in Ukraine, as it is a unique identifier of a land plot, confirming its existence in the State Land Cadastre.
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To assign a cadastral number, it is necessary to order technical documentation, conduct a survey, submit documents to the State Geocadastre and obtain an extract from the State Land Cadastre.