Main points
- Privatization of a land plot requires agreement on the boundaries with neighbors, but their refusal to sign is not a legal basis for refusing privatization.
- The local government has the right to approve technical documentation and transfer land ownership even without the signature of neighbors.
Land registration / Photo Freepik
Most land users in Ukraine try to privatize the land on which they have been growing vegetables for years. However, it happens that privatization can be hindered by neighbors' refusal to grant permission to privatize an adjacent plot.
Do neighbors need to give consent during privatization?
A frequent and relevant question in land relations is whether it is possible to privatize land without the consent of neighbors and how to do it, reports the Central Administrative Center.
Privatization of a land plot is a rather complex and relatively long-term process, which consists of many sequential steps, namely:
- conducting geodetic works and preparing a cadastral plan;
- preparation and submission of documents to local government bodies to obtain permission to develop technical documentation;
- signing the act of acceptance and transfer of boundary marks for storage;
- development of technical documentation;
- assignment of a cadastral number;
- preparation and submission of documents to local government bodies for approval of technical documentation and transfer of ownership of the land plot;
- registration of ownership of a land plot.
Take now – return after harvest. Open Agri Club provides financing for a seed company for small agricultural enterprises with a land bank of up to 1,500 hectares. Participants receive not only money, but also comprehensive support: soil analysis, fertilizers, expert advice. Join Open Agri Club!
A mandatory step is to agree on the boundaries with neighbors – adjacent land users or landowners who border a given land plot.
Important! However, neighbors may not agree to sign the act of acceptance and transfer of boundary marks for storage and do everything in their power to prevent the completion of the privatization process, writing complaints and applications to the relevant authorities. The final decision on the transfer of the land plot to you is made by the local government body – the district (village, settlement) council.
What to do if deputies refuse privatization?
After holding a session of the district council, under pressure from neighbors' complaints and their refusal to sign the boundaries, the deputies may refuse the opportunity to privatize this land plot.
In this case, it is better to contact qualified lawyers specializing in land issues. They will collect the necessary evidence base and will be able to more effectively complete the privatization of the plot. Although the local government body has its own powers to transfer the land plot to the applicant.
Please note! The current legislation does not limit the right of a local government body to such a transfer by the absence of a signature of an adjacent land user. At the same time, in the opinion of this panel of the Supreme Court, disagreement by a neighbor with the boundaries of a land plot is not in itself a legal basis for a decision by a local government body to refuse to approve technical documentation for a land plot and to refuse to transfer the land plot to the applicant's ownership.
At what distance from the neighbors can a shed be built?
-
The distance from the barn to the border of the neighboring plot must be at least 1 meter, and for new development – at least 3 meters.
-
Animal sheds should be located at least 15-50 meters from residential buildings, depending on the number of blocks.