Олександр Сич
August 25, 2026
The free transfer of state- and municipally-owned land during martial law is generally prohibited, but there is a specific exception for owners of buildings on a plot (sub-paragraph 5 of paragraph 27 of Section X of the Land Code of Ukraine): land on which one’s own house, garage or other registered property stands may be privatised. Courts rule that refusals by local councils ‘on the grounds of martial law’ are unlawful. The procedure, provided the full set of documents is submitted, takes around three months.
‘There’s a war on now, privatisation has been put on hold’ — this is a phrase that homeowners hear both from acquaintances and, unfortunately, from council staff. This does not apply to land on which one’s own property stands. The martial law moratorium has indeed halted the allocation of vacant plots, but the legislator has explicitly excluded from the ban cases where a building stands on a plot and the title to that building is registered. This is based on the principle that the legal status of the land and the building are inseparable: a house cannot ‘hang in mid-air’ above state-owned land.
Below, we explain exactly who qualifies for the exemption, how the procedure works, and what to do if the local council refuses. Step-by-step guidance is available on the service page privatisation of land under a private house.
Who is exempt from the moratorium
There are two conditions, both of which are mandatory:
- there is a building or structure on the plot — a residential house, garage or outbuilding;
- the title to this property is registered in the State Register of Property Rights.
If the house is registered in your name (purchased, inherited or recognised by a court), you are entitled to the plot of land on which it stands and for its maintenance — within the limits of free privatisation under Article 121 of the Land Code: up to 0.25 hectares in a village, up to 0.15 hectares in a settlement, and up to 0.10 hectares in a town.
We have discussed in detail, in a separate article on the rules for free privatisation, how many plots and of which categories can be obtained free of charge in total.
The following are excluded from this provision: unauthorised buildings without registration, ‘unfinished buildings’ not yet commissioned, as well as plots that are not subject to privatisation at all (land for public use, forest and water resources, and land under defence facilities).
Procedure: 5 steps and approximately 3 months
- Documents relating to the house and land. Extract from the register of property rights for the building, technical passport, and documents regarding use of the plot, if available (old state act, decision on allocation). Processing time: 1–2 weeks.
- Application to the council for permission to draw up a land management plan (or directly for approval, if the documentation already exists). Consideration takes place within one month.
- Land-use planning project by a certified developer: 1–3 months, approximately from 10,000 UAH. For building owners, development under the martial law exemption may be commenced without a separate ‘initial’ council decision — this speeds up the process.
- Registration of the plot in the cadastre and obtaining a cadastral number.
- Council decision on transfer of ownership and registration of the right in the State Register of Real Rights.
The council refused ‘due to martial law’: what to do
This is the most common scenario, and case law is on the owners’ side here: refusals based solely on martial law are deemed unlawful by the courts, as a direct legislative exemption applies to property owners. Steps to follow:
- demand a written refusal or a council decision — a verbal ‘it’s not possible at the moment’ cannot be challenged;
- file an administrative claim seeking a declaration that the refusal is unlawful and an order to consider the application on its merits; the time limit for filing is 6 months, and the court fee is 1,331.20 UAH in 2026 (minus 20% via the ‘Electronic Court’);
- Inaction on the part of the council (where a petition has been ‘under consideration’ for months) may be challenged in the same way.
A separate category of disputes involves competition between claimants for adjacent land: here, the Supreme Court’s position on the priority of plot formation applies, as discussed in our article on the rules governing land disputes.
Why you shouldn’t delay
The exemption is currently in force, but the terms of the wartime restrictions have already been changed several times, and there is no guarantee that they will not become stricter. The second reason is housing reform: Law No. 4751-IX has already brought an end to the free privatisation of housing, and the debate over the future of the free transfer of land continues. The third, and most practical, reason is that an unprivatised plot restricts you on a daily basis — a house on ‘unregistered’ land is harder to sell, gift or bequeath without disputes, and the plot’s boundaries are in no way protected from neighbours.
Common mistakes made by owners
- Taking a verbal refusal as final and waiting for ‘the war to end’. Without a written decision, there is nothing to appeal against, and time is running out.
- Starting with the land when the house has not been registered. First, the right to the building is registered (if necessary, through court recognition of ownership), then the land.
- Claiming an area exceeding the limit set out in Article 121 of the Land Code. Any excess beyond the limit is not transferred free of charge — it can only be purchased or leased.
- Failing to check the designated use and restrictions: there may be utility protection zones beneath the plot that will affect the boundaries.
- Losing momentum after obtaining planning permission. Council approval does not reserve the land; until the project has been drawn up and the plot is registered in the cadastre, your position remains vulnerable.
When a solicitor is not required
If the house is registered, the council is functioning properly, and neighbouring landowners do not dispute your boundaries — it is feasible to complete the procedure independently with a land surveyor. A solicitor is required in the event of a refusal or silence from the council, if the house is not officially registered, in the event of disputes with neighbouring landowners regarding boundaries, and when the documents for land use have been lost in the archives.
Questions and Answers
Is it possible to privatise the land beneath a house during martial law?
Yes. The general prohibition on the free transfer of land has a direct exception for owners of buildings and structures located on the plot (sub-paragraph 5 of paragraph 27 of Section X of the Land Code of Ukraine).
The condition is that the ownership of the property must be registered.
How much land can be obtained free of charge under a house?
Within the limits set out in Article 121 of the Land Code for the construction and maintenance of a residential building: up to 0.25 hectares in a village, up to 0.15 hectares in a settlement, and up to 0.10 hectares in a town. Any area exceeding these limits can only be acquired through purchase or lease.
I have inherited a house, but the title has not yet been registered. Can I privatise the land?
First, finalise the inheritance formalities and register the title to the house – the exemption applies specifically to registered property. The procedure is standard thereafter.
How long does the procedure take and how much does it cost?
With a full set of documents — around 3 months; most of the time is spent waiting for council decisions. Main costs: land management plan from 10,000 UAH, technical passport, extracts. The land itself is free of charge, but the associated work is not.
The council says, ‘We don’t transfer land during the war.’ Is this legal?
Not for building owners. Demand a written refusal and challenge it in the administrative court: case law recognises such refusals as unlawful. The fee is 1,331.20 UAH, and the time limit for lodging a claim is 6 months.
Can land under an unauthorised house be privatised?
No, not until the building has been legalised and the title to it has been registered. The process: legalise the building (through the courts if necessary), register the title, then the land.
There is only a garage on the plot. Does the exception apply?
Yes, the exception applies to buildings and structures in general, including garages with a registered title. The limit for the free transfer of a garage is up to 0.01 ha.
What should you do if the old documentation for the plot has been lost?
Ownership of the buildings allows you to proceed under the exemption even without the old land documents, whilst decisions on the allocation of the plot or state acts can be restored via the archives — a solicitor’s request is processed within 5 working days.
Is there a risk that the exemption will be revoked?
There are no guarantees: wartime restrictions have been amended on several occasions, and the housing reform is already abolishing the free privatisation of housing. Whilst the provision remains in force, it is wiser to go through the procedure than to wait for better conditions.
Sources
- Land Code of Ukraine, Articles 118, 120, 121, sub-paragraph 5 of paragraph 27 of Section X — zakon.rada.gov.ua/laws/show/2768-14
- Law of Ukraine ‘On Land Management’ — zakon.rada.gov.ua/laws/show/858-15
- Administrative Court of Ukraine (time limits for appeals) — zakon.rada.gov.ua/laws/show/2747-15
- Law of Ukraine ‘On Court Fees’ No. 3674-VI — zakon.rada.gov.ua/laws/show/3674-17
Privatisation of land under a house with the company ‘Svarog’
Send us an extract showing the house and its address — we will check whether your situation qualifies for an exemption, whether there are any restrictions on the plot, and we will handle the procedure from the application to the registration of the title. If the council has already refused, we will appeal against the refusal with a positive outcome expected. Related services: privatisation of land under a house, land law solicitor, full price list.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street, Office 2 (Podil) · Mon–Fri 9.00–18.00