Martial law and land – what restrictions apply to free transfer

Main points

• During martial law in Ukraine, the free transfer of state and municipal land to private ownership is prohibited, including to participants in hostilities.
• The restrictions are regulated by amendments to the Land Code of Ukraine, effective from November 19, 2022.

How much land will be given to a veteran / Photo Shutterstock

During martial law in Ukraine, there are significant restrictions on the free transfer of land plots. The ban applies to both citizens in general and certain categories who previously could claim land from the state or community.

What prevents you from getting land during war?

Lawyer Larysa Velychko, in a commentary for Channel 24, 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 them, 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

Counselor, GRACERS lawyer

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 lawyer also draws attention to the fact that the provisions of this subparagraph do not apply to the free transfer of land plots into private ownership :

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• 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).

A garden without documents can be taken away: whose plots are at risk in 2026?

Although land cannot be allocated to veterans while martial law is in effect, it can be rented or used as an occupied garden until it is formalized. However, you should be careful with the latter option.

• In 2026, the risk of losing the right to land plots without official registration due to state needs is increasing in Ukraine.

• Land not registered in the state register may be requisitioned for defense purposes without compensation.