Main points
- Participants in the fighting in Ukraine can receive land plots for free, but restrictions apply due to martial law.
- During martial law, the free transfer of state and municipal land to private ownership is prohibited, but there are exceptions for owners of real estate on these lands.
How much land will be allocated by the UBD / Photo Shutterstock
Participants in the fighting in Ukraine have the right to receive a land plot free of charge, without waiting in line. However, it is worth remembering that there are currently restrictions on the issuance of land due to the martial law regime in force in the country.
How much land can the UBD give now?
Lawyer Larysa Velychko, in a comment to Channel 24, said that in order to receive ownership of a land plot from state or municipal property free of charge, the UBD must apply to the relevant executive body. You can also contact the local government body that transfers land plots from state or municipal property into ownership.
The legislation allows for obtaining UBD of land plots in the following sizes:
- For gardening (up to 0.12 hectares),
- For personal farming (up to 2.0 hectares),
- For the construction of a residential building (up to 0.25 hectares in villages, 0.15 hectares in towns, 0.10 hectares in cities),
- For summer cottage construction (up to 0.10 hectares).
Larisa Velichko indicates that interested UBDs, along with the application, which indicates the intended purpose of the land plot and its approximate dimensions, submit in the annexes:
- It is imperative to have: graphic materials indicating the desired location of the land plot;
- consent of the land user (in the case of the withdrawal of a land plot that is in the use of other persons);
- documents confirming experience in agriculture or education obtained at an agricultural educational institution (in the case of providing a land plot for farming);
- documents that identify the person and confirm the right to benefits when receiving land plots.
Remember! The executive authority or local government considers the application within 30 days, after which it makes a decision on granting permission or a reasoned refusal. In the absence of a response within the established period, the applicant has the right to apply to court.
What prohibitions are there during martial law?
Larysa Velychko draws attention to the fact that amendments have now been made to paragraphs 5 and 27 of Section X of the Land Code of Ukraine, according to which, during martial law, the free transfer of state and municipal land to private ownership is prohibited.
This is regulated by the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Restoration of the System of Registration of Lease Rights for Agricultural Land Plots and Improvement of Legislation on Land Protection”, which entered into force on November 19, 2022. The same restrictions apply to Ukrainian military personnel who have the status of a participant in hostilities.
Larisa Velychko
Lawyer at the GRACERS Law Association
A ban has been imposed on the free transfer of state and municipal land to private ownership, the granting of permits for the development of land management documentation for the purpose of such free transfer, and, in fact, the development of such documentation.
The provisions of this subparagraph do not apply to the free transfer of land plots into private ownership:
- to owners of real estate objects (buildings, structures) located on such land plots, as well as for free transfer to private ownership
- citizens of Ukraine of land plots transferred for use before the entry into force of this Code (i.e. before January 1, 2002).
Landscaping within a settlement: how to do it?
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Registration of a land plot within a settlement requires compliance with legislative norms, including approval of a land management project and registration with the State Geocadastre.
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To privatize a plot, it is necessary to take into account the intended purpose, zoning, detailed plan of the territory, and possible restrictions on development.