Privatized land – can the state take away the plot?

Main points

  • According to Ukrainian law, decisions on the possible seizure of privatized land are made by the Cabinet of Ministers or a court.
  • In case of illegal use of land, no compensation is provided.

Privatized land / Pexels

Most people believe that privatized land is their private property, which they can freely dispose of. However, in some cases, the state has the right to intervene and take land, especially during martial law.

Can the state take away your privatized land?

The Land Code of Ukraine states whether the state can take away privatized land.

According to the law, the state cannot take away privatized land. Of course, unless the situation requires it, when there are good reasons and as a result – a court decision.

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However, it is worth emphasizing that, given the martial law and reforms, there are some cases where the state is still at risk of seizing your plot. For example, this could happen due to non-use, in which case the government will direct the land to socially important needs.

Important! During martial law, privatization is limited. However, for plots that have already been formalized, inviolability applies if the terms of use are not violated.

When and for what purposes is privatized land taken?

The main reason why your privatized land may be seized is public necessity . For example, the land is needed for projects of national importance – construction of roads, military facilities. In such circumstances, land seizure is possible through a decision of the Cabinet of Ministers or local authorities.

Please note! The process is accompanied by monetary compensation at market value. If it is a residential plot, relocation costs are compensated separately.

Also, if the owner does not agree to the relevant conditions, the case will be sent to court.

Another reason is the improper use of land. If, according to the documents, the land was intended for farming, but is currently vacant, this is a direct reason for a state inspection. Further, as stated in Article 141 of the Land Code, there may be a forced sale of land through an auction if the plot has not been used for 3 years.

There are situations when illegal landfills are created on privatized plots and the land is polluted. In that case, the plot will be seized without compensation, but with judicial control.

Regarding martial law . Here, even privatized plots that were not supposed to be touched are under question. The exception concerns situations when the plot is needed for temporary use in defense. For example, it is necessary to place military equipment.

Note! In this case, the land is “taken” for temporary use – the owners do not lose their rights to the plot. And after martial law, the land will be returned along with compensation for damages.

How much does land privatization cost in 2026?

Although Article 121 of the Land Code of Ukraine states that everyone has the right to free privatization of land, the reality is different. After all, Ukrainians have to pay for work, without which registration would be impossible.

As noted on the resource “First Business”, in 2026 the cost of privatization increased due to the update of tariffs for technical and supporting services necessary for document processing.

So, for the preparation of land management documentation you have to pay from 8 thousand to 25 thousand hryvnias. For geodetic work and establishment of boundaries you will have to pay 4 – 12 thousand hryvnias. And we also pay separately for state registration of ownership rights in the amount of 350 hryvnias.

What else do you need to know about land privatization?

It was previously reported that during privatization, it is important not to miss important points in the documents, so as not to be left without land later. Moreover, when it comes to privatization of land that was previously used for a long time without appropriate documents, the legislation will not always be on the side of people.

People may also lose the right to free privatization. In particular, due to non-compliance with the terms of use. Possible options include refusal from local authorities or delayed processing of documents.

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