The transfer of state lands to communities is an important and historic process. Territorial communities will be able to provide better control and management of land, and revenues to local budgets will improve the welfare of towns and villages. However, after many years of chaotic centralized governance, the shadow economy and corrupt schemes, people have forgotten how to be masters of their own land and have many questions and even fears about land reform. This document collects the most popular and important issues that arise in communities regarding land legislation. Experts on land issues, lawyers, and specialists of the State Geocadastre undertook to give answers.

General

1. What agricultural land can be sold from July 1, 2021?

According to the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Conditions of Circulation of Agricultural Lands" of March 31, 2020, only privately owned agricultural lands may be sold from July 1. Exceptions are the possibility for citizens to purchase land plots belonging to them on the right of permanent use, on the right of lifelong inherited possession or lease (if such lease arose by re-registration of the right of permanent use before 2010), from state or communal property, if such land plots were provided them for farming (farming).

2. How to change the purpose of the land outside the settlement?

The change of purpose of land plots outside the settlements will take place either through the development of land management documentation, or in a simplified manner, when a person's will is sufficient, if a comprehensive community spatial development plan has been developed and approved. The purpose can be changed only within the permitted types of land use, established by a comprehensive plan of spatial development of the community.

3. Private firms offer paid programs for land accounting and control. Why is there no such free project?

In accordance with the adopted Law "On Amendments to Certain Legislative Acts of Ukraine on Improving the Management and Deregulation System in the Sphere of Land Relations" № 1423-IX in Ukraine approximately by August 27 it is planned to introduce an automated system for monitoring land relations. land relations. The administrator of this system will be a state enterprise that administers the State Land Cadastre. The system will use data from the State Land Cadastre, the Register of Real Rights, the tax service, state statistics and other bodies. Use will be free and all data will be publicly available.

4. How is the transfer of land plots, the status of which is not defined, from state to communal ownership?

All lands and land plots outside the settlements (with a few exceptions) have already become communal property since the entry into force of Law № 1423-IX, from May 27, 2021. Exceptions are plots for which the right of state ownership has already been registered. If it is so that the relevant state land becomes communal property, appropriate changes should be made to the Register of Real Rights at the request of the community.

Water fund

1. Outside the settlements, industrial and water lands are also transferred to communities?

So. In addition to those that are in the permanent use of state-owned enterprises, which are real estate of state property, as well as some others defined in paragraph 24 of the Transitional Provisions of the Land Code of Ukraine.

2. How is the water fund lands managed?

Disposal of water fund lands is carried out by communities or public authorities. The lands of the water fund may be leased together with the water body located on them based on the results of the land auction.

Communities

1. How will agricultural land be transferred to territorial communities after the entry into force of Law 1423-IX?

All lands and land plots outside the settlements (with a few exceptions) have already become communal property since the entry into force of Law № 1423-IX, ie from May 27, 2021. Exceptions are plots for which the right of state ownership has already been registered. If it is so that the relevant state land becomes communal property, appropriate changes should be made to the Register of Real Rights at the request of the community.

2. What powers do communities now have regarding self-government control in the land sector? 

Self-government control is abolished, but after the implementation of the relevant provisions of Law Зако 1423-IX (from May 26, 2022) the executive councils of communities will be delegated certain functions of state control: they are empowered to control the unauthorized occupation of land, their intended use, weed control, etc. To gain control powers, the relevant councils will have to make a separate decision.

3. State-owned land plots that were not transferred to OTG were found on the public map. When and how will they be transmitted? 

After the enactment of Law №1423-IX (from May 27, 2021), state property bodies can no longer dispose of such plots. If such land plots are to be transferred to communal ownership, the relevant community, which intends to dispose of such lands, must apply for registration itself. 

4. Is it necessary to conclude additional agreements on the replacement of the parties in the lease agreements on agricultural land, which the Main Department transferred to communal ownership of territorial communities?

It is not necessary to conclude additional agreements, but they can be concluded by agreement of the parties.

5. Is a program for accounting of land and landowners (users) for use in local communities?

To keep records of land and landowners (users), the community must create its own geoportal. It is envisaged that in accordance with Law № 711, which enters into force on July 24, 2021, the data of the comprehensive community spatial development plan will be published in the public domain on community geoportals, national geoportals and other geoportals chosen by the community. The development of such plans provides for the allocation of a subvention from the state budget. 

6. Can the community finance land management works only on communal lands or on the lands of the whole community?

The community can finance land management works on the territory of the whole community on lands of any form of ownership, as the Law №1423 amended the legislation accordingly.

7. How can the community calculate the area or inventory the field roads and enter into lease agreements? 

You need to apply to a certified land surveyor to prepare land management documentation, register these land plots in the State Land Cadastre, and the rights to them - in the State Register of Real Rights, after which they can be leased to land users.

8. Do community residents have a preemptive right to own land? 

No, they don't. 

Land protection

1. What extensions of the powers of the village council are provided in the field of protection and rational use of community lands?

According to Law № 1423, the relevant provisions of which enter into force on May 26, 2022, after approval of a comprehensive plan of spatial development of the community in the event of a council decision, the executive bodies of the community may acquire powers to exercise state control over land protection and use. land plots, on unauthorized occupation and weeding.

2. Is it possible to rent or own land for historical and cultural purposes?

Lands of historical and cultural purpose are leased taking into account the regime of use of such lands, which are provided by Law № 1423, and without changing the purpose. 

3. What are the powers and functions of the inspector for control over the use and protection of land in the territorial community after the entry into force of Law № 1423? 

The powers of the inspector are determined in accordance with the Law of Ukraine "On State Control over the Use and Protection of Land".

Auctions

How to conduct land auctions now? Only in electronic format?

After the President signs Bill № 2195 and puts it into effect, land auctions will be conducted exclusively in electronic format.

Cadastre

1. How can the community obtain copies of lease agreements concluded by the State Geocadastre for land plots that have been transferred to communal ownership?

The community can send a request to the territorial office of the State Geocadastre.

2. When will it be possible to see information about all land plots registered before January 1, 2013 in the cadastre, and where to get information about their affiliation?

The Law of Ukraine № 340 (on counteraction to raiding) instructs the Cabinet of Ministers to compile by January 1, 2022 electronic documents containing information on the results of land management works on which land plots were formed and title documents to land plots, property rights to which ( documents certifying the rights to them) were registered before January 1, 2013, but information about which is missing in the State Land Cadastre, as well as the implementation of state registration of such plots. In the absence of such documentation or if it does not contain the necessary information, it is necessary to carry out appropriate land management work.

3. How to solve the problem of land overlay?

The Law of Ukraine on the State Land Cadastre and the procedure for its maintenance determine the procedure for correcting errors in information. In particular, this applies to the problem of land overlay. If the error can be corrected without changing the metric characteristics of the land, such correction can be made by the cadastral registrar without the development of land management documentation. In other cases, the correction is carried out with the development of appropriate documentation.

Legal field / Legislation / Taxation

1. Where to go for detection of violations in land use? 

You need to contact the council of the territorial community, the state inspector for land use and protection, the community inspector for land use and protection or the State Ecological Inspectorate of Ukraine.

2. How and when will the administrative boundaries of communities be established?

According to Law № 1423, the boundaries of communities are established by agreement between adjacent communities according to land management documentation. Communities themselves assert these boundaries.

3. On February 2, 2021, the Verkhovna Rada of Ukraine adopted the Law “On Amendments to Certain Legislative Acts of Ukraine (Regarding the Unified Legal Share of a Land Plot and the Real Estate Object Located on It)” (Bill № 0850). Has this law come into force? 

No, the law is expected to be signed by the Chairman of the Verkhovna Rada of Ukraine and submitted to the President of Ukraine for signature. 

4. Every year we pay personal income tax, military duty and land tax. How much will we pay after July 1, 2021? 

The size and types of taxes and fees have not changed. 

5. As I understand it, the rules on permanent use will be removed from the new legislation. Will this increase the risk of raider seizures? 

The current land legislation does not provide for any changes in this part, so there are no additional risks. 

6. Does the right of permanent land use continue if part of the buildings located on this land plot is sold? 

Continues in proportion to the part of the building that remains in the property. 

Rent

Is it possible to terminate a land lease agreement in court due to non-payment of rent, if the real estate owned by the debtor is located on this land plot? 

It is possible to terminate the contract in case of systematic non-payment of rent, but the debtor's real estate will still remain on the land. You can go to court to enforce the collection of rent arrears. Further, in case of non-compliance with the relevant court decision, satisfaction of claims may occur through the sale of property owned by the debtor.

Source- Information and analytical portal of the agro-industrial complex of Ukraine