How many plots can be privatised free of charge: 6 categories, plot sizes and whether an unused right ‘lapses’

Every citizen of Ukraine is entitled to receive, free of charge, one plot in each of the six categories set out in Article 121 of the Land Code: for farming, up to 2 hectares; for private farming plots, up to 0.12 hectares; for horticulture, up to 0.12 hectares; for house construction, up to 0.25/0.15/0.10 hectares (village/town/city); for holiday home construction, up to 0.10 hectares; and for a garage, up to 0.01 hectares. The entitlement for a used category is forfeited permanently; it is not possible to ‘top up’ to the maximum. An unused entitlement has no time limit, but during martial law it may only be exercised in exceptional circumstances.

The question ‘how much land am I entitled to from the state?’ has a precise answer in Article 121 of the Land Code, but three myths have persisted for years: that the entitlement is for life only, that any shortfall in the allotted area can be ‘made up’ later, and that an unused entitlement will eventually ‘lapse’. We’ll break down the regulations, show you how to check whether you’ve already exercised your right, and explain what to do about all this under martial law restrictions.

If your aim is to secure land for your own home, start with our article on the exemption from the moratorium for property owners: this is the only route that is currently fully operational.

Table: 6 categories and maximum areas

Intended use	Maximum area	Note
Farm	Equal to the land share (parcel) allocated per district	The size varies by region
Personal peasant farm (PPF)	up to 2.0 ha	The largest and most sought-after category
Horticulture	up to 0.12 ha	Particularly in horticultural societies
Construction and maintenance of a residential building	up to 0.25 hectares — in a village; up to 0.15 hectares — in a town; up to 0.10 hectares — in a city	This is where the wartime exemption for homeowners applies
Cottage construction	up to 0.10 hectares	A separate category; not to be confused with horticulture
Garage construction	up to 0.01 hectares	1 sotka for a garage

The entitlement applies separately to each category: it is possible to obtain 2 hectares for a personal subsidiary plot, 0.12 hectares for a garden, and a plot for a house — it is not an ‘either/or’ situation. In total, the theoretical maximum for a village resident exceeds 2.5 hectares.

Key rules that nobody warns you about

• One category — once only. Have you exercised your right to a personal plot, receiving 0.30 hectares? That category is closed forever: you cannot ‘top up’ to 2 hectares, even if you have taken significantly less than the maximum. Therefore, where possible, take an area close to the limit.
• The right is personal and non-transferable. You cannot ‘give’ your unused category to your spouse or children — each family member exercises their own right independently. For a family of three adults, this means three full sets of allowances.
• This right does not ‘lapse’ over time. The law does not set a limitation period for the free privatisation of land. There is another risk — a legislative one: the rules may change, as has already happened with housing privatisation, the end of which was determined by Law No. 4751-IX.
• Privatisation ≠ free transfer of land in excess of the quota. Anything that goes beyond the scope of Article 121 must be formalised through purchase or lease.

How to check whether you have already exercised your right

There is no single public ‘counter’, so the check involves three steps: an extract of your rights from the State Register of Real Rights (which will show plots registered since 2013), a request to the State Geocadastre regarding plots previously registered via paper deeds, and requests to local councils in your former places of residence if you ever received land there. The basis for acquisition stated in the documents is significant: a plot that has been purchased or inherited does not exhaust your right to free privatisation — only plots received free of charge from the state or a local authority in the same category do so.

What happens to this right during martial law

The general transfer of land free of charge has been suspended, so it is not currently possible to ‘just turn up and claim 2 hectares of personal plot land’. The viable options are as follows: land attached to one’s own registered property (an exception to the moratorium), completion of procedures commenced before the ban, and submitting an application ‘for the future’ — the law does not prohibit registering an application with a full set of documents right now, so as to be at the front of the queue once the restrictions are lifted. A strategic nuance from the Supreme Court’s case law: an application alone does not create a place in the queue; priority is given to a plot that has already been formed — so for those who have already started procedures, it is important to see them through to registration in the cadastre, rather than keeping them ‘on hold’. For details, see our article on the priority of plot formation.

Common mistakes

• Taking 6 sotok of personal subsidiary farming land ‘whilst they’re still giving it out’ and securing a 2-hectare category for yourself. Choose your plot size carefully — you won’t get a second chance.
• Confusing horticulture with holiday home construction. These are different categories with different regulations; a mistake in the intended use stated in the application will cost you months.
• Treating a purchased plot as a ‘right already exercised’. A right is only considered exercised if the land is obtained free of charge from the state or local authority.
• Registering everything in the name of a single family member. Dividing the plot amongst adult family members increases the total area.
• Ignoring old documentation from the 1990s. A state act for a ‘lost’ plot means that the category has already been used — this tends to come to light at the most inconvenient moment.

When you do not need a solicitor

You can calculate your entitlements using the table and submit an application yourself. A solicitor becomes necessary when you need to reconstruct the history of your plots from the archives, when the council refuses or remains silent, when there are competitors for the land you want, and when you are finalising a procedure that began before the moratorium.

Questions and answers

How much land in total can you obtain from the state free of charge?

One plot from each of the six categories listed in Article 121 of the Land Code: a plot for farming, up to 2 hectares for a private farming holding, up to 0.12 hectares for horticulture, up to 0.25/0.15/0.10 hectares for a house, up to 0.10 hectares for a holiday home, and up to 0.01 hectares for a garage. The categories are cumulative.

I have received 0.50 ha of personal subsidiary plot. Can I add another 1.5 ha to reach the maximum?

No. The entitlement under each category may be used only once, regardless of the area received. That is why the area specified in the application should be as close as possible to the standard limit.

Does the right to privatisation lapse if it is not exercised?

There is no limitation period — the right is retained. However, legislative rules are changing: the free privatisation of residential property is now being phased out by Law No. 4751-IX, so postponing the exercise of land rights for a decade is risky.

Does a plot of land that I have bought or inherited use up my entitlement?

No. The right to free privatisation is only used up when land of the relevant category is acquired free of charge from the state or local authority. Land that has been bought, gifted or inherited does not count towards this.

Can my wife claim her 2 hectares if I have already used mine?

Yes, this is a personal right: every adult citizen has their own set of entitlements across all six categories.

How can I find out whether I used this right back in the 1990s?

An extract from the Register of Property Rights + a request to the State Geocadastre regarding old state deeds + enquiries to local councils at previous places of residence. A solicitor’s request speeds up the process: a response within 5 working days.

Can I apply for a vacant plot now?

You can apply, and this records your intention, but consideration of the merits of the case has been postponed until the lifting of martial law restrictions. An exception that applies now is land under your own registered property.

What will happen to this right once martial law ends?

Under the current Land Code, the standard procedure will resume. At the same time, discussions regarding the future of the free transfer of land are ongoing, so please keep an eye on any changes and complete any procedures you have started before the plots are registered in the cadastre.

Are combatants entitled to separate plots of land?

Combatants have a priority right to the allocation of plots under the same provisions of Article 121 of the Land Code – this refers to priority in the queue, not additional land. During martial law, this right is also subject to restrictions.

Sources

• Land Code of Ukraine, Articles 116, 118, 121, Section X — zakon.rada.gov.ua/laws/show/2768-14
• Law of Ukraine ‘On the Status of War Veterans and Guarantees of Their Social Protection’, Articles 12–14 — zakon.rada.gov.ua
• Law of Ukraine “On the State Land Cadastre” — zakon.rada.gov.ua/laws/show/3613-17

Land rights audit with ‘Svarog’

Tell us which plots you or your family have previously received — we will check the registers and archives to see which categories are still available, calculate your family’s total potential, and prepare an application so that you do not lose a single sotka of the allocated quota. Related services: land law solicitor, privatisation of land under a house, full price list.

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