The privatisation of land under a house refers to the transfer, free of charge, of ownership of the plot of land on which your residential house stands. The procedure is set out in Article 118 of the Land Code of Ukraine, whilst the rules governing the transfer free of charge are set out in Article 121: for the construction and maintenance of a residential house and outbuildings (a household plot), a citizen may acquire ownership free of charge of up to 0.25 hectares in villages, up to 0.15 hectares in towns and up to 0.10 hectares in cities. Every citizen of Ukraine has this right, and it may be exercised free of charge once for each type of use.
For homeowners, the law provides for a significant simplification. If a residential property is already registered in your name, the technical land-management documentation is drawn up at your request without the need for separate authorisation from a government body or local authority — the stage of obtaining authorisation, which usually causes the greatest delay in privatisation, is bypassed here. This makes sense: the right to the land plot follows the right to the house, so the homeowner does not need to ‘beg’ separately for permission regarding the land beneath it.
We handle the privatisation of the land beneath a private house from gathering the documents to registering ownership: we check the status of the plot, commission the land management documentation, complete the cadastral registration and finalise the decision to transfer the land into ownership. And if an authority refuses without good reason, we challenge the refusal in court.
+38 095 554-54-24 — advice on privatising the land beneath your home.
Who is entitled to privatise the land under their house
The owner of a private house is entitled to privatise the land under it free of charge. The key condition is that the ownership of the house itself must be registered: this is the basis for the simplified procedure. If the house has not yet been registered or was built without authorisation, you will first need to regularise the house’s status, and only then privatise the land beneath it. This right applies both to the plot of land in your use and to the plot on which the house and outbuildings are situated. It is important to bear in mind the restrictions set out in Article 121: beyond the free allocation (0.10 / 0.15 / 0.25 ha), the land under the house can be registered only upon payment of a fee.
Stages of privatising land under a house
The procedure can be broken down into several steps:
- checking the status of the plot: whether it has been privatised, and whether there are any overlaps, encumbrances or third-party rights;
- ordering technical land management documentation to establish (restore) the plot’s boundaries on the ground — for the homeowner without the need for separate authorisation from the relevant authority;
- registering the plot in the State Land Cadastre and obtaining a cadastral number and extract;
- submission of an application and documentation to the land-administering authority (village, settlement or town council, or an executive authority);
- adoption of a decision on the transfer of the plot into ownership;
- state registration of ownership rights and obtaining an extract from the register.
At each stage, there may be delays or refusals — due to boundary overlaps, disputes over the plot’s configuration, errors in the documentation, or the authority’s reluctance to transfer the land. This is where legal support is needed.
When you need a solicitor, and when you can manage on your own
If the house is registered, the plot is free from disputes, the boundaries do not overlap with those of neighbours and the authority raises no objections — it is entirely feasible to complete the basic procedure yourself by commissioning the documentation from a land surveyor. We’ll be honest about this. A solicitor becomes necessary when there is an overlap of boundaries or a dispute with neighbours, when the relevant authority refuses without justification or remains silent, when the plot exceeds the free allocation limit, when the house is jointly owned or inherited, or when it is not registered at all. In these situations, without a solicitor, the privatisation process will either be halted or dragged out for years. If, however, it is a standard plot of land without a house, the procedure is slightly different — it is described on the page land privatisation.
How we assist with privatisation
- we check the status of the house and plot, and verify the absence of any encumbrances or liens;
- we organise the preparation of technical documentation for land management and supervise the land surveyor;
- we assist with the registration of the plot in the State Land Cadastre;
- we prepare the application and supporting documents for submission to the relevant authority and monitor the decision;
- in the event of an unfounded refusal or inaction, we appeal against them in the administrative court;
- we finalise the procedure with state registration of ownership rights.
What risks does an owner face when acting without a solicitor?
The first risk is discovering, at the registration stage, that the plot’s boundaries overlap with a neighbour’s land or land designated for another purpose, thereby halting the procedure for months. The second is to accept an unfounded refusal by the authority as final, even though it can be successfully challenged. The third is to privatise the area within the prescribed limits without realising that the plot actually in use is larger, and thus lose part of the land. The fourth is to begin the privatisation of the land when the house itself has not been properly registered, and get stuck. The fifth is to fail to take into account the rights of co-owners or heirs to the house. Each of these situations is easier to resolve if spotted at the outset.
Cost of services (privatisation of land under a house)
| Service | Price |
|---|---|
| Consultation with analysis of the situation and documents | from 1,500 UAH |
| Legal opinion on the prospects for privatisation | from 5,000 UAH |
| Preparation of applications and support throughout the privatisation procedure | from 5,000 UAH |
| Appeal against a refusal by the authority in court | from 10,000 UAH |
| Comprehensive ‘turnkey’ support | from 30,000 UAH |
The services of a land management organisation (preparation of technical documentation on land management), an extract from the State Land Cadastre and administrative fees for the registration of rights are payable separately from the fee. Land matters in general are handled by our land law solicitor</ a>, and if you first need to confirm your right to the house — recognition of ownership.
Questions and answers (privatisation of land under a house)
How much land can be privatised under a house free of charge?
Under Article 121 of the Land Code, for the maintenance of a residential house — up to 0.25 hectares in villages, up to 0.15 hectares in towns and up to 0.10 hectares in cities. Land exceeding this limit can be registered upon payment.
Is authorisation from the relevant authority required to draw up the documentation?
Not for the owner of a registered house. Technical land management documentation is drawn up at their request without the need for separate authorisation, which significantly speeds up the process.
The house is not registered. Can the land beneath it be privatised?
First, you need to legalise the house and register ownership of it — it is this ownership that provides the basis for simplified land privatisation. We carry out these steps in sequence.
I have already privatised the plot previously. Can I also privatise the land beneath the house?
Free privatisation is granted once for each type of land use. If you have previously privatised, for example, a plot for horticulture, the right to a household plot beneath the house is, as a rule, retained. We assess each case individually.
What should I do if the boundaries overlap with a neighbour’s plot?
This is a common reason for the process to be halted. We investigate whose documentation is incorrect and resolve the overlap — either by agreeing on the boundaries or through the courts.
The authority has refused to transfer the land. Is this final?
No. An unfounded refusal or inaction on the part of the authority can be challenged in an administrative court, and the courts often order the plot to be transferred into private ownership.
How long does it take to privatise the land under a house?
In an uncontested case, it usually takes a few months (most of the time is spent on preparing the documentation and cadastral registration). If there are disputes or refusals, it takes longer.
Can land be privatised if the house is jointly owned?
Yes, but the rights of all co-owners must be taken into account. Usually, the plot is registered as joint ownership in proportion to the shares held. We help to reach an agreement on this between the co-owners.
How much does privatisation cost?
Legal support starts from 1,500 UAH per consultation. The land surveyor’s fees and administrative charges are paid separately. We will quote the exact amount after assessing the situation.
Can the right to privatise the land under a house be inherited?
An heir who inherits a house also acquires the right to the land plot beneath it. The registration procedure depends on the documents for the house and the land — we assess each case individually.
Contacting a lawyer at Svarog regarding the privatisation of land under a house
Send us the documents for the house and any available information about the plot — we will assess whether everything is ready for privatisation or whether any preliminary steps are required, and we will guide you through the procedure until you receive the title deed. If the authority refuses without valid grounds, we will appeal. Land matters are handled by our land lawyer.
Telephone: +38 095 554-54-24, +38 096 554-54-25 (Telegram, Viber, WhatsApp). Address: 7 Khoriva Street, Office 2, Kyiv (Podil). Opening hours: Mon–Fri, 9.00–18.00.