Registration of land lots
In order to simplify the procedure of registration of land lots there were adopted the Law of Ukraine of 02.10.2012 № 5395-VI “On Amendments to Certain Legislative Acts of Ukraine concerning improvement of the procedure of land allocation and change of their purpose” and the Law of Ukraine of 16.10.2012 № 5462-VI «On Amendments to Certain Legislative Acts of Ukraine concerning the activities of the Ministry of Agrarian Policy and Food of Ukraine, the Ministry of Social Policy of Ukraine and other central bodies of executive power, the activity of which is directed and coordinated through the respective ministers.”
But, in our opinion, these changes have a significant difficulty for some consumers.
Thus, the positive aspect is that the reduction of the number of permits consequently reduces the procedure of the registration of land lots.
Although the provision of law specified in paragraph 2 of Art. 186-1 of the Land Code is not clear. It provides for the agreement of a project of land lot allocation within the limits of a residential place or outside its territory, where the land lot will be developed, with an authority of urban planning and architecture. The authority of the state inspection of construction and architectural control is to check the compliance with the applicable town planning legislation, including the building regulations during pre-construction activities, the design and construction of objects of urban construction, but not the formation of land lots.
Unfortunately, all the provisions regarding the agreement of the project of land lot allocation at its location were excluded, but the new principle was introduced – the branch one – for changing the purpose of land of private property. Although in practice, despite the exception mentioned, the coordination of the project of land lot allocation is still conducted at its location.
Owing to bills № 1208-1 and 1230 on the simplification of procedures for land lots allocation, which had the backing of the deputies of the Verkhovna Rada in the first reading, some of the provisions of land law which complicated the procedure of the registration of land lots were taken into account, and changes were proposed, what should greatly simplify such a registration, in particular, the regulation for the approval of the project for the land lot allocation at its location.
But these bills do not include the possibility of the registration of documents at the location (permanent or temporary) of the applicant, but only at the location of the lot itself.
Perhaps it is due to the fact that today the details of all plots are not included into the common database, in particular, those lots on which the State Act was issued, but the cadastral number is not assigned.
We believe that the simplification of procedures for the registration of land lots is possible via entering all information on land parcels to the State Registers and consequently defining the procedures for the land law in such a way that the owner of the land will be able to apply to the competent authority at the place of the actual location of the applicant in order to obtain the necessary information and documents on the land lot.
We hope that the management of electronic registers, one of which contains information about the formation of the land lot (its area, the borders) and the cadastral number, and the other – the information about the registration of rights to the land lot, will provide an access to the information for the local executive bodies that implement state policy in the sphere of land relations in Ukraine.
As you can see, the procedure of the registration of land lots in some cases is not simple enough for the consumer and requires the assistance of a qualified lawyer on land issues.
The COLARES Law Company has an extensive experience in legal assistance in privatization, lease, purchase-sale, changing of the purpose of land lots, represent the client’s interests in court when solving land disputes and provide quality legal services in the sphere of land relations.