Олександр Сич
8 April 2026
Land can be privatised free of charge once for each of six categories of use, and Article 121 of the Land Code sets the sizes: up to 2 ha for a private household plot, up to 0.25 ha for a house in a village, up to 0.01 ha for a garage. During martial law free transfers are banned, and the main exception is a plot beneath property you own.
Since March 2022 paragraph 27 of section X, “Transitional provisions”, of the Land Code has banned the free transfer of state and municipal land into private ownership, and it is that provision village councils cite when refusing applicants. The exception that rescues most applications is written into it too: the ban does not apply to plots on which stand buildings the applicant owns privately, to land granted for use before 1 January 2002, to the execution of a court judgment, or to the allocation in kind of a land share.
So the first question about the paperwork is not “which documents do I gather” but “which exception covers my plot”. That decides whether permission to draw up a land management project will be granted at all, or whether the right has to be established in the administrative court, where an individual’s non-monetary claim carries a court fee of 1,331.20 UAH, or 1,064.96 UAH through the Electronic Court.
Who is entitled to free privatisation, and how many hectares
Article 116 of the Land Code gives a citizen the right to a free transfer of a plot from state or municipal ownership once for each category of use. One person may therefore receive a homestead plot, a plot for gardening and land for a garage — but only one of each category. Age matters only in the sense that every citizen holds the right; an application can be filed by a person with full civil capacity.
Article 121 fixes the maximum sizes. Exceeding the limit means the excess is transferred for payment or not at all, and that is where applications most often stall. Before filing, check the actual area against the public cadastral map, since fences and documents frequently disagree.
| Category of use | Maximum area | What to note |
|---|---|---|
| Private household plot | 2.0 ha | The commonest category in rural areas |
| Building a house in a village | 0.25 ha | In a settlement 0.15 ha, in a city 0.10 ha |
| Individual dacha construction | 0.10 ha | Dacha co-operatives have their own allocation limits |
| Gardening | 0.12 ha | Often arranged through a gardening association |
| Building an individual garage | 0.01 ha | Proof of title to the garage itself is needed |
| Farming | The size of the land share | Calculated for the particular locality |
What martial law bans, and which exceptions work
The ban in paragraph 27 of section X concerns the free transfer of state and municipal land into private ownership. It does not prevent buying land, inheriting it, or registering title to a plot already in private ownership.
The most reliable exception is a house, garage or other building on the plot registered to the applicant in the State Register of Real Property Rights. A refusal citing martial law then contradicts the provision itself, and the courts regularly quash such council decisions. The second exception covers land granted for use before 1 January 2002, that is before the current Land Code took effect: here the evidence is old council decisions, state acts on the right of use, and household register books. Where the plot falls within privatising the land under a private house, the chances of completing the process without a court are highest.
What documents the applicant needs
The basic file for an application for permission to draw up a land management project is small: a copy of the passport and the taxpayer number, the application itself stating the designated purpose and the approximate size, and graphic materials showing where the plot should be. Those materials can be produced from the public cadastral map.
From there the file grows according to the ground relied on. For a plot beneath a building, add the title document for the house or garage and a certificate of the address. For land granted before 2002, the local council’s decision or the state act on the right of use. For a land share, the share certificate. If the plot has already been formed, an extract from the State Land Cadastre with the cadastral number is needed; if not, the land management project will form it. Check the list with the administrative service centre of the particular community: privatising a plot involves each council’s own annexes to the standard application form.
The procedure, step by step
- File the application for permission to draw up a land management project with the village, settlement or city council, or with the authority that administers the land, together with the graphic materials. Registration at the service centre fixes the date from which time runs.
- Wait for the decision. The authority must grant permission or give a reasoned refusal within a month; if there is no answer, Article 118 of the Land Code allows the project to be commissioned without permission.
- Commission the land allocation project from a land surveying firm. The price is negotiated, and the timescale depends on how complex the boundaries are and whether neighbouring plots are already formed.
- Have the project approved under Article 186-1 of the Land Code and ensure the plot is entered in the State Land Cadastre and given a cadastral number.
- Submit the approved project for confirmation. The authority decides on approving the project and transferring the plot into ownership within two weeks of receiving the documentation.
- Register the title in the State Register of Real Property Rights through a notary or a service centre. The administrative fee is 330 UAH on the ordinary term and 3,330 UAH for two working days.
What to do if the council refuses or says nothing
Silence has consequences of its own: under Article 118 of the Land Code, failure to decide within a month entitles you to commission the land management project without permission, and the inaction itself can be challenged. A refusal must be reasoned, and citing martial law alone without analysing the exceptions in paragraph 27 of section X is a classic ground for quashing the decision.
The dispute goes to the administrative court. The court fee on an individual’s non-monetary claim is 1,331.20 UAH in 2026, and filing through the Electronic Court applies a factor of 0.8, that is 1,064.96 UAH. The claim is usually framed as a declaration that the refusal was unlawful together with an order to grant permission, rather than as recognition of ownership straight away. Such cases are run by an administrative cases lawyer, and success turns on whether the date of the application and the exact wording of the refusal are on record.
Typical mistakes
- An application with no graphic materials. The authority has a formal ground for refusal, and the month starts again once you re-file.
- An area above the Article 121 limit. A council cannot transfer more than the set size free of charge, so an application for 0.3 ha for a house in a city is doomed.
- Using up a right twice. If a gardening plot has already been privatised, a second such transfer is impossible, though the right to a homestead plot remains.
- No registered title to the building. The exception to the wartime ban works only where the house or garage is registered to the applicant in the State Register of Real Property Rights.
- Missing the deadline to challenge. Procedural deadlines apply to going to the administrative court, and delay turns a winnable case into an argument about restoring the deadline.
When you do not need a lawyer
Where the plot is unformed but free of disputes, the neighbours do not object and your registered house stands on it, the process comes down to three visits: file the application, commission the project, collect the decision. The surveying firm will get the documentation approved and enter the data in the cadastre itself, so legal help would be money wasted.
It looks different where the boundaries of neighbouring plots overlap, where the council refuses citing martial law, where the heirs have not yet registered title to the house, or where the plot is used by long possession without documents under Article 119 of the Land Code. Then the documents need analysing and, most likely, a court. A consultation costs from 1,500 UAH and a written legal opinion from 5,000 UAH; the full list is on the page of legal service prices.
Questions and answers
Can land be privatised during martial law
The general ban on the free transfer of state and municipal land applies, but with exceptions. A plot beneath your own registered house or garage, land granted for use before 1 January 2002 and a plot awarded by a court can all be privatised.
How many times can land be privatised free of charge
Once for each category of use in Article 121 of the Land Code. A gardening plot received in the past does not remove the right to a homestead plot or to land for a garage.
What is the maximum area for a house plot
0.25 ha in a village, 0.15 ha in a settlement and 0.10 ha in a city. Anything above that is not transferred free of charge; it can be bought under a separate procedure.
What if the council has not answered the application
Article 118 of the Land Code allows the land management project to be commissioned without permission where the authority gave neither permission nor a reasoned refusal within a month. The inaction can be challenged in the administrative court at the same time.
What does challenging a refusal in court cost
The court fee on an individual’s non-monetary claim is 1,331.20 UAH in 2026, or 1,064.96 UAH through the Electronic Court. Legal fees are counted separately.
Is a cadastral number needed before applying
Not where the plot has not yet been formed: it receives its cadastral number once the land management project is prepared and the data entered in the State Land Cadastre. For a plot already formed, the extract is needed at once.
Can a plot used for 15 years without documents be privatised
Article 119 of the Land Code provides for acquiring the right by long use, for citizens who have used a plot in good faith, openly and continuously for 15 years. In practice that goes through the authority that administers the land, and on refusal through the courts.
What does registering title to land cost
The administrative fee in 2026 is 330 UAH for registration on the ordinary term of up to five working days and 3,330 UAH for expedited registration within two working days.
Who pays for the land management project
The person commissioning it, that is the citizen. The price is negotiated and depends on the region, the area and the complexity of the boundaries; the council merely approves the finished documentation.
Can a land share be privatised
Allocating a land share in kind is expressly listed among the exceptions to the wartime ban, so a certificate holder can have the plot registered in the ordinary way.
Sources
- Land Code of Ukraine, Arts. 116, 118, 119, 121, 186-1 and paragraph 27 of section X — zakon.rada.gov.ua/laws/show/2768-14
- Law of Ukraine “On State Registration of Real Property Rights and Their Encumbrances” — zakon.rada.gov.ua/laws/show/1952-15
- Law of Ukraine “On Court Fees” — zakon.rada.gov.ua/laws/show/3674-17
- State Service of Ukraine for Geodesy, Cartography and Cadastre — land.gov.ua
- Public Cadastral Map of Ukraine — e.land.gov.ua
Privatising a plot with Svarog
We check whether your plot falls within the exceptions to the wartime ban, prepare the application and its supporting documents, keep track of the deadlines and challenge council refusals in the administrative court. If there is no prospect of a free transfer, we say so straight away and set out the paid alternatives.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00