Privatisation of a plot of land

Let’s start with something most websites fail to mention: during martial law, the transfer of state- and municipally-owned land to private ownership free of charge is prohibited (sub-paragraph 5 of paragraph 27 of Section X of the Transitional Provisions of the Land Code). This prohibition also applies to the granting of permits for the preparation of land management documentation.

This means that you cannot currently submit an application saying ‘give me 2 hectares for a personal subsidiary plot’ or ‘0.10 hectares for development in the city’ — your application will be lawfully rejected. And this applies to everyone, including combatants, despite specific provisions regarding their priority rights.

However, the ban is not absolute. Privatisation of a plot of land is still possible in at least four cases — and these are the ones we are working on.

+38 095 554-54-24 — legal advice

Four exceptions that currently apply

1. Land beneath your property. If the plot contains a house, a garage, a garden shed or another structure, and you hold the title to it, the plot can be privatised. This is the most common scenario. No permission to draw up documentation is required here: technical documentation is prepared to establish the boundaries on the ground.
2. A plot granted for use before 1 January 2002 — prior to the current Land Code coming into force. This is evidenced by old state deeds, village council decisions from the 1990s, and agreements granting land for use.
3. Allocation of a land share (parcel) on-site in accordance with a certificate. This is not a ‘transfer free of charge’ within the meaning of the ban — and authorities who refuse on the grounds of martial law are mistaken. Such refusals can be successfully challenged.
4. Enforcement of a court ruling that has become final.

If your situation does not fall under any of these categories — the honest answer is: privatisation will not be possible at present, and no lawyer can change that. All you can do is prepare: gather the documents, check the status of the plot, and join the queue once the moratorium is lifted.

Rules on free transfer (Article 121 of the Land Code)

These limits will apply once the ban is lifted — and are already applicable to the exceptions listed above:

The right to free privatisation may be exercised once for each type of designated use. In other words, once you have obtained a plot for a garage, you do not lose your right to a plot for a private household plot.

Steps to follow when the plot is under your property

1. Check the land status — who owns it, whether another plot overlaps with it, and whether there are any restrictions (protected areas, defence land, water resources). This is crucial: half of all rejections arise at this stage.
2. Order technical land management documentation to establish the boundaries on the ground. No council permission is required for this.
3. Approval and endorsement of the documentation by the local authority.
4. Decision on the transfer of the plot into ownership. Important: the council’s decision itself is not a title deed.
5. State registration of ownership rights — via the Administrative Services Centre (CNA) or a notary. Only then does the land become yours.

The timeframe, provided all documents are in order, is 3–6 months. If you appeal against a refusal, add a further 6–12 months.

Common reasons for refusals and how to overcome them

• ‘Martial law, prohibited’ — applied to a case that does not fall under the prohibition. The most common refusal and the one with the best prospects for appeal.
• Boundary overlap with a neighbouring plot in the cadastral register — resolved by correcting the error or through the courts.
• The plot is classified as land that cannot be transferred to private ownership — land for public use, defence, transport or nature conservation. In this case, the refusal is lawful.
• Silence on the part of the council — the application has been submitted, the deadline has passed, and no decision has been made. Inaction can be appealed in the same way as a refusal, and the court may order the council to consider the matter.
• Restricted access to the land registry. In frontline areas, access to the State Land Registry is restricted, which makes verification difficult. This is not a reason to refuse, but it is a reason to allow more time.

When a solicitor is not needed

If the plot is unencumbered, the property documents are in order, and the local council is functioning properly — the land management organisation and the Administrative Services Centre will be able to handle the matter without a lawyer.

A lawyer is needed when:

• the council has refused or remains silent;
• you are unsure whether you qualify for an exemption from the moratorium;
• the boundaries overlap with a neighbouring plot or the cadastral data do not match the actual situation;
• the plot has been inherited, but the documents are in the name of the deceased;
• you have an old state act or a council decision from the 1990s — you need to prove your right of use;
• the matter concerns a land share and a certificate.

Cost of services

The following are charged separately: services provided by a land management organisation (technical documentation), extracts from the land register, the administrative fee for state registration of rights, and court fees.

Full price list · Privatisation of land under a private house

Questions and answers

Can land be privatised during martial law?

As a general rule, no: the transfer of state- and municipally-owned land free of charge is prohibited. Exceptions: land under your property, a plot granted for use before 1 January 2002, the allocation of a land share under a certificate, and the enforcement of a court ruling.

Are combatants currently entitled to land?

The right is enshrined in law, but its exercise is suspended whilst the ban is in force — as it is for everyone else. You can start preparing now: check for available plots and gather the necessary documents.

How much land can be obtained free of charge?

Up to 2.0 hectares for a private household plot; for a house — 0.25 hectares in a village, 0.15 in a settlement, 0.10 in a town; for horticulture — 0.12 hectares; for a garage — 0.01 hectares. One allocation per designated purpose.

Do I need council permission if the plot is under my house?

No. In this case, no permission is required to draw up the documentation — technical documentation for establishing the boundaries on the ground is ordered straight away.

The council has refused, citing martial law. What should I do?

Check whether your case is actually covered by the ban. If the plot is under your property or was allocated before 2002, the refusal is unlawful and can be challenged in the administrative court.

The council has made a decision — am I already the owner?

No. Ownership arises from the moment of state registration. Without this step, the land cannot be sold, gifted or bequeathed.

How long does the privatisation of a plot take?

Provided the documents are in order and the council is reasonable — 3–6 months. If the refusal is challenged in court — an additional 6–12 months.

What documents should I bring to the consultation?

Documents establishing title to the house or building, old land documents (state act, council decision), an extract from the cadastre, and the council’s written refusal, if you have already received one.

Consulting a solicitor at Svarog regarding land plot privatisation

Describe your situation — we’ll check the status of the plot, tell you whether you qualify for an exemption from the ban, and advise whether it makes sense to take any action at this stage. If not, we’ll be honest about it, rather than trying to sell you a procedure that will lead nowhere.

+38 095 554-54-24 · Kyiv, 7 Khoriva St, Office 2 (Podil) · Mon–Fri 9.00–18.00