Privatization of land in Kharkiv, Kyiv, Odessa
The Land Code of Ukraine (CCU) relations between citizens and the state (territorial communities in Kharkiv, Kyiv, Odessa) in connection with the free transfer of land to them are defined as “free privatization of land.”
The term “land privatization” is not defined in the land legislation. But from the formulations given in other legislation (Ukrainian laws “On the privatization of state property,” “On the privatization of the state housing stock”). It can also be concluded from its use in regulations that privatization refers to the transfer of property belonging to the state or territorial communities to citizens or legal entities.
Privatization of various types of property is regulated by separate laws: the property of state-owned enterprises – the Law on the Privatization of State Property, Small State and Utilities – the Law on Small Privatization, Housing – the Law on Privatization of State Housing. While the legislation regulating the privatization of the property of state-owned enterprises provides for separate legal procedures for both free and paid privatization, in land law, paid privatization as a special means of acquiring land is not provided at all. Any other, other than the purchase of free privatization under the procedure, the acquisition of land is defined as the purchase and sale of land from the State or local community and is carried out in the general order provided for the purchase of public or communal land.
Land design in Kharkiv, Kyiv, Odessa
The registration of the land in the property by developing technical documentation on land management (privatization of land) according to the “Order of granting land in Kharkiv, Kyiv, Odessa for ownership or use” is decided. HSS Sessions No.1191/13:
1) The customer enters into a contract for the development of technical documentation with the land organization, and can enter into a contract for the representation of his interests;
2) The land organization develops technical documentation (for the land management project the procedure is different) and the exchange file in the format of XML;
3) The customer transmits land-building documentation to the Center for the Provision of Administrative Services for approval in the management of the State Geokadastra in Kharkiv, Kyiv, Odessa, as well as in the Department’s Department of Architecture and Urban Development (only for the land management project);
4) The customer provides land-building documentation through the administrative services center to the State Geokadastra office in Kharkiv, Kyiv, Odessa for state registration (assigning a cadastral number);
5) The customer orders an act of land survey in the Department of Control of the CSU;
6) The customer orders a certificate from the Center for Administrative Services on the availability of land records in the State Land Registry;
7) the customer submits an application to the Center for Administrative Services in the name of Kharkiv city head for the transfer of the land to the property (with the appropriate package of documents);
8) The issue is brought to the session of the city council;
9) the customer applies to the Registration Service of Kharkiv (or to a notary) to register ownership of the land.
How much land is free
The law (pp. in), d) and z) 1 p. 121 of the SKU) provides that for the construction of a house citizens of Ukraine are entitled to:
Up to 0.12 hectares on the land reserved for gardening;
No more than 0.10 hectares in the areas for individual cottage construction;
On homesteads (reserved for the construction and maintenance of an apartment building, outbuildings and structures):
no more than 0.25 hectares – in villages,
no more than 0.15 hectares – in the villages
no more than 0.10 hectares in cities.
A citizen can privatize several plots – for each type of land purpose (p. 4. p. 116 SKU). And if, for example, he used his right to privatize the land reserved for gardening, he can also get a plot intended for the construction and maintenance of an apartment building.
The procedure for privatizing the land varies depending on whether the land is in the use of the citizen at the time of privatization or not. The site may be in use on several occasions.
1. The citizen is the owner of an apartment building built on land allocated for construction in Soviet times. In this case, it does not matter whether the owner of the house is the one to whom the plot was allocated, or whether the house is owned by the person who inherited it, as a result of the purchase or gift. If from the moment when the right of free privatization of land was established in Ukraine (from 15.03.1991 – from the date of the entry into force of the Land Code of Ukraine of 18.12.1990), the owner of the apartment building did not use the right to privatize it, it is considered that the land is in its use.
2. The citizen is a member of a garden or cottage cooperative (partnership). And the site was allocated by this structure in the order established by the statute.
3. The site is in the actual use of the citizen, but he has no documentary evidence to prove ownership. This happens in cases where a citizen, for example, has carried out unauthorized construction on land not reserved for him for this purpose.
The condition of privatization of land in actual use: the period of fair, open and continuous use of such a site should be at least 15 years. In this case, the actual user has the right to receive the plot he used on the right of the acquisition of the statute of limitations (in the early hours). This is provided by Article 119 of the SCU. The amount of land that can be obtained on the basis of the acquisition statute of limitations is the same as in the usual free privatization (v. 118 SKU). The procedure for obtaining ownership of such land is the same as in the case of “ordinary” privatization.
What site to ask for privatization in Kharkiv, Kyiv, Odessa
The most important thing is to decide which site to ask the state. With this, frankly – difficult.
The main problem is why people cannot use their right to privatize the site – when they apply to the same village council with an application to give the land in the property. So, they need to specify exactly what plot they want to take ownership of. But how do people know?
It is necessary to look in the public cadastral map – which areas are formed. But we don’t have 80 percent of the formed plots in the “public.” In addition, for example in Kharkiv, Kyiv, Odessa, there are areas that are intrigued by people who are not alive. No one will be able to own such a plot, and there is no such base from which to choose.
The only option is to go to the head of the village council or city council and ask for a copy of the general plan of a certain territory. But for this man needs to go around the whole village, see with his own eyes each site. Then there is a small probability that it is free and it can be privatized.
A land lawyer can help you with issues related to land privatisation, land participation, land disputes.