Main points
- The land under the house needs to be privatized in order to be able to use it, donate it, register an inheritance, sell it, or otherwise alienate it.
- Registration of the plot is carried out by the territorial department of the State Land Agency, and for this it is necessary to submit an application with copies of documents and a receipt for payment of services.
What to do if the land under the house is not privatized / Photo Unsplash
There are many cases where a person uses a building (for example, lives in it), but the land on which the building is located is not privatized.
How and why to privatize land under a house?
Such land should be privatized in order to be able to use it, as reported by Free Legal Aid.
According to current legislation, a cadastral number should be assigned to a particular land plot so that the owner can:
- to give it as a gift;
- to formalize an inheritance;
- sell or otherwise dispose of it;
- or even sell a residential house, building or structure located on a plot of land.
What is a cadastral number of a land plot? It is an individual digital number of the land, which:
- is not repeated throughout the territory of Ukraine;
- granted to the land plot during state registration;
- is retained by it throughout its existence.
The territorial department of the State Land Agency , namely the state cadastral registrar, is responsible for registering the plot (or assigning it a cadastral number).
Registration must be based on the submitted application and receipt for payment of services. The application must include a copy of the state act, a copy of the passport and the identification number of the person submitting the application.
The next step is to obtain an extract from the State Land Cadastre, which will contain information about the plot and its owner.
Please note! The Civil Code states that in Ukraine the principle of unity of the house and the plot on which it is located applies. How it works – when acquiring ownership of a real estate object, the ownership (or use) of the plot on which it is located is simultaneously transferred.
What else should Ukrainians know about land?
- In Ukraine, you can check land ownership through the public cadastral map of Ukraine. This opportunity is also provided through the web portal of the State Geocadastre. In particular, without a cadastral number, it is currently impossible to carry out any legal action regarding land.
- At the same time, it is currently impossible to obtain a land plot for free due to martial law. However, in peacetime, every adult has the right to land – up to 2.28 hectares.