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The privatization of land

The privatization of land

The land code of Ukraine (LCU), the relationship of citizens c state (territorial communities) in connection with the free transfer of land is defined as "free privatization".

The term "privatization" in land legislation is not defined. But the text data in other legislative acts (laws of Ukraine "On state property privatization", "On privatization of state housing Fund") and its use in normative acts, we can conclude that under the privatization refers to the transfer to citizens or legal persons of property belonging to the state or territorial communities. Privatization of various types of property are governed by separate laws: the property of state enterprises by the Law of Ukraine "On state property privatization", a small state and municipal enterprises the Law of Ukraine "On small privatization" of housing – the Law of Ukraine "On privatization of state housing Fund". And if the law governing the privatization of property of state enterprises, provides for separate legal procedures for both free and for pay of privatisation, land legislation paid privatization as a specific way of land acquisition are generally not provided. Any other than from acquisitions within the procedure of free privatization, land acquisition is defined as purchase and sale of land from the state or local communities and is carried out in the General order provided to purchase state or municipal land.

Registration of land

Registration of land in the property by development of technical documentation for land management (land privatization) in accordance with the "Procedure for granting land plots in Kharkiv in the ownership or use", Dec. Session CHC n 1191/13:

1) the Customer enters into a contract for development of technical documentation with the land management organization, and may contract for representation of his interests;

2) land management organization develops technical documentation (the project land is different) and the exchange file in XML format;

3) the customer transfers the land documents in the Center of providing administrative services for approval in the management of Gosgeokadastr in Kharkov, as well as the Department of architecture and urban planning Department (only for project land);

4) the customer submits a land use planning documentation through the center of administrative services in the management of Gosgeokadastr in Kharkov for the state registration (the assignment of cadastral numbers);

5) the customer orders the act of land survey in the Department of Control of HCV;

6) the customer orders at the Center of providing administrative services the statement in the State land cadastre statements about getting in property of the land plot;

7) the customer submits to the Center of providing administrative services the statement to the mayor about the transfer of land in the property (with a corresponding package of documents);

8) the question shall the city Council;

9) customer goes to the Registration service of Kharkov (or a notary) to register ownership rights to land.

How much land is necessary for free

The law (PP. C), d) and x) of clause 1 of article 121 of the land code of Ukraine) provides that for building a house, the citizens of Ukraine relies:

• on land designated for gardening, up to 0.12 hectares;

• in areas designed for individual country construction – no more than 0,10 m;

• on private land (allocated for construction and maintenance of residential houses, commercial buildings and structures): not more than 0,25 hectares, in villages not more than 0,15 hectares – in the villages and not more than 0.10 hectares – in the cities.

A citizen may privatize some plots – for each target destination of the earth (n. 4. article 116 of the safety relay). And if he, for example, used his right for privatization of land for gardening, you can get the site intended for the construction and maintenance of residential homes.

The procedure of land privatization

1. The citizen is the owner of a residential building, built on land allocated for the construction in Soviet times. In this case it does not matter whether the owner-the one who stood out the plot, or the house owns the person receiving his inheritance, due to the purchase or donation. If from the moment when Ukraine was established the right to free privatization of land (15.03.1991– from the date of entry into force of the Land code of Ukraine dated on 18.12.1990.), owner of an apartment house privatization law is not used, it is considered that the land is in its use.

2. A citizen is a member of the garden or dacha cooperative (Association). And the site has been allocated this structure in the manner prescribed by the Charter.

3. The plot is situated in the actual use of the citizen, but he has no documentary evidence proving the right of ownership. This happens in cases when a citizen, for example, has carried out unauthorized construction on land not allotted for this purpose.

The condition of privatization of land, located in the actual use: period of fair, open and continuous use of such site shall be not less than 15 years. In this case, the actual user gets the right to use land for right of acquisition ago (nabouwalu davnost). It is provided by article 119 of the land code. The size of the earth, which can be obtained on the basis of the acquisition prescription, the same as that of a conventional free privatization (article 118 of the land code). The procedure for obtaining the ownership of such land is the same as in the case of "conventional" privatization.

What land asking

The most important thing is to decide what land to ask of the state. With that, let's be honest – it's hard.

The main problem why people can't exercise their right to privatization of land when they turn to the same village Council with a statement to provide the land in the property, they need to specify what area they want to take in the property. But how do people know?

One must look to the public cadastral map – what areas are formed. But we have 80 percent of the generated plots is not in the "publichka". In addition, for example, in Kharkiv, there are areas which are inventoried for people which live there. To take ownership of such a site, no one can, and there is no 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 from the General plan of a certain territory.Show the plot on the map and ask for a copy of the master plan to see if listed for whom this land. But for this the person needs to travel all the village to see each site. Then there is a small probability that it is free and it is possible to privatize.