According to part 2 of article 14 of the Constitution of Ukraine and part 2 of article 1 of the Land Code of Ukraine, the right to land ownership is guaranteed, acquired and implemented by citizens, legal entities and the state exclusively in accordance with the Law.
According to the current legislation of Ukraine, by January 1, 2025, all owners of Unallocated land plots or their direct heirs must register ownership of their shares.
If the requirement is not met, it will be considered that the owners of the plots automatically gave up the land, and it will become the communal property of the territorial community on whose territory they are located.
In order to formalize ownership of a land share, you must perform the following steps:
- apply to local self-government bodies (village, city Council or state administration, depending on whether the land plot is located within or outside any locality) with the following documents: a document certifying the right to a land share and an application for the allocation of a share in the area;
- contact the land management organization to develop technical documentation for the land plot;
- apply to the subject of state registration of rights or a notary for state registration of ownership of a land plot.
Upon review of these documents, the local authority takes the decision on allocation of land shares and the land management project on branch of the land plots of all categories and forms of ownership are subject to mandatory agreement with the territorial body of the Central Executive authority that implements the state policy in the sphere of land relations.
Based on the results of the development of this project documentation, the owner is issued an Extract from the State land cadastre. After receiving it, you must contact the local government For approval of the project documentation.
And only after receiving the decision to approve the project documentation, you need to contact the state Registrar and register the ownership of the land plot.
Separately, it should be noted that the owner of a share can apply to the court to determine an additional period for registration of ownership rights. Local self-government bodies are prohibited from transferring these shares to private ownership to other persons other than the owners within 7 years from the date of state registration of the right of communal ownership to a land plot formed from unclaimed shares.