Олександр Сич
August 23, 2026
In a dispute between two claimants to the same plot of land, priority is not given to the person who first submitted an application or obtained permission to draw up the documentation, but rather the person who first established the plot as an object of civil rights — by drawing up a land-use plan and registering the plot in the cadastre (the Supreme Court’s position in Case No. 386/987/19). A council’s permission to draw up documentation does not guarantee the acquisition of the land.
A classic scenario in land disputes: two people are claiming the same vacant plot, both have obtained permission from the council to draw up documentation, and each considers themselves to be ‘first’. For years, the courts have ruled on such cases in different ways: some looked at the date of the application, others at the date of the permission. The Supreme Court has now made its ruling, and its reasoning changes the approach in every case involving competing claimants. At the same time, it explains why ‘having obtained authorisation’ and ‘having acquired the land’ are legally distinct matters.
Let’s examine the Supreme Court’s position, its implications for those currently registering a plot, and typical scenarios for disputes. If your situation is already contentious — service page: land law solicitor.
What exactly did the Supreme Court say?
The essence of the position in Case No. 386/987/19: authorisation by an authority to draw up a land management plan does not create a right to a plot of land and does not oblige the council to transfer it to that particular applicant. The right arises in respect of a formed object: until a plot has defined boundaries and a cadastral number, it is not an object of civil rights, and it is therefore impossible to ‘take a place in the queue’ for it. Where there are two applicants, it is not the dates of the applications that are compared, but the stages: whoever is the first to bring the plot to the stage of a formed object (the land management project has been drawn up, the plot has been registered in the State Land Cadastre) has the advantage.
Practical conclusion: the council’s permission is merely a ‘starting ticket’; the winner is whoever completes the process leading to cadastral registration more quickly.
What this changes in 2026
During martial law, the general transfer of land free of charge has been suspended, but several avenues remain open: privatisation of land under one’s own property, the completion of procedures initiated prior to the ban, and priority allocation to certain categories. Within these narrow avenues, competition for suitable plots has only intensified — and the Supreme Court’s position has become the key argument in ‘two-permit’ disputes. And once the moratorium is lifted, when local councils begin issuing new permits en masse, the race to secure land will unfold in full force: those who understand the rules will prepare their documentation in advance.
Typical dispute scenarios and who comes out on top
| The situation | Who has the advantage under the Supreme Court’s ruling |
|---|---|
| Both hold permits; neither has registered the plot in the cadastre | No one wins ‘automatically’: the winner is whoever completes the plot formation first; the contest continues |
| The first party has an older permit; the second has a plot registered in the cadastre | The second party: the formed property supersedes the priority of the application |
| The first party registered the plot; the council transferred it to the second party | The first party is in a strong position to challenge the council’s decision |
| The council itself formed the plot and issued the allocation order | The claimants are on an equal footing; the priorities set out in law determine the outcome (for example, the priority right of war veterans) |
What to do if you are currently formalising a plot
- Do not stop at obtaining a permit. Once the council has made its decision, immediately commission a land-use planning project from a certified developer; the standard development period is 1–3 months, and every week of delay gives your competitor a head start.
- Monitor the registration in the cadastre. The plan is not finalised until the plot is registered; ensure it is entered into the State Land Cadastre and that you obtain a cadastral number.
- Check whether anyone else is claiming the same territory: obtain extracts from the State Land Cadastre and make enquiries to the council regarding permits issued for this territory.
- If the council delays approving a completed project — do not wait passively. Inaction can be challenged in the administrative court, and the time limits here work against you.
If the plot has been ‘snatched away’
When the council has transferred the plot you have formed to another person, both the council’s decision and, if necessary, the subsequent registration of title can be challenged. Case law favours the person who formed the plot, but success depends on the chronology documented in the records: the dates of the project’s development, the dates of registration in the cadastre, and correspondence with the council. A related line of defence based on case law from 2026: courts have ruled that councils’ refusals to approve documentation ‘due to martial law’ for property owners on the plot are unlawful — we wrote in detail about this exception in the context of the privatisation of land under a house.
Common mistakes made by applicants
- Treating a permit as a guarantee. A permit does not confer any rights to the plot – this follows directly from the Supreme Court’s position.
- Dragging out the project development. Whilst you are ‘getting organised’, a competitor registers the plot in the cadastre and wins the race to secure it.
- Failing to check on competitors. People only find out about a second applicant once the council has already passed a decision against them.
- Missing the deadline for appeal. A council decision to transfer a plot to another person must be appealed within a six-month period by applying to the administrative court — delaying this will cost you the plot.
- Litigating ‘on the basis of priority’ rather than ‘on the basis of the property’. The argument ‘I was the first to submit an application’ is a losing one without a designated plot; build your case during the allocation stage.
When a solicitor isn’t needed
If you are the sole applicant, the council raises no objections, and the developer is working to schedule — the procedure proceeds without a solicitor. A solicitor is required when there are two or more applicants for the plot, when the council has allocated it to another party or is delaying approval, and when it is necessary to establish a chronological sequence of events regarding the plot’s formation for the court.
Questions and answers
I was the first to submit an application for the plot. Does that guarantee anything?
No. According to the Supreme Court, the date of the application does not establish priority: priority lies with whoever first formed the plot — that is, drew up a land-use plan and registered it in the cadastre.
What does ‘formed plot’ mean?
A plot with defined boundaries, area and cadastral number, entered in the State Land Cadastre (Article 79-1 of the Land Code). Until this point, it is not the subject of civil rights, and it is legally impossible to claim it ‘on a first-come, first-served basis’.
We were both issued with permits for the same plot of land. Is this legal?
Yes, a permit does not reserve the land for the applicant, which is why councils issue them to several people in respect of the same land. This is precisely why the Supreme Court took the position that the conflict is resolved at the formation stage, rather than at the stage of issuing permits.
The council has transferred the plot I had demarcated to someone else. What should I do?
Challenge the council’s decision in the administrative court within a six-month period, providing a chronological record of evidence: the dates of the project, registration in the cadastre, and your application for approval. Case law favours the person who demarcated the plot.
How long does it take to draw up a land-use plan and how much does it cost?
Typically 1–3 months; the cost depends on the area and region – for a standard building plot, approximately from 10,000 UAH. Next comes registration in the cadastre and approval of the documentation by the council (consideration within one month).
Does this Supreme Court ruling apply during martial law?
Yes, it applies to all disputes concerning competition between applicants. The restrictions of martial law narrow the range of situations in which land can be acquired, but do not alter the rule of priority based on land formation.
I have priority rights as a war veteran. Does this override the ‘formation’ rule?
These are different aspects: priority applies when the council chooses between equal claimants for a specific plot. However, if a competitor has already formed the plot as a property, priority alone does not override their claim — therefore, a war veteran should certainly not stop at the authorisation stage.
How much does it cost to appeal a council decision in court?
A non-property administrative claim by an individual — 1,331.20 UAH in court fees in 2026, minus 20% via the ‘Electronic Court’. If the case is won, the costs are recovered from the defendant.
Where can I check whether anyone has registered a plot on ‘my’ land?
On the Public Cadastral Map (new plots appear after registration) and by submitting a request to the council regarding permits issued for that area. It is worth monitoring this monthly throughout the entire project development.
Sources
- Supreme Court ruling in case No. 386/987/19 — reyestr.court.gov.ua
- Land Code of Ukraine, Articles 79-1, 118, 122 — zakon.rada.gov.ua/laws/show/2768-14
- Law of Ukraine ‘On the State Land Cadastre’ — zakon.rada.gov.ua/laws/show/3613-17
- The Administrative Court of Ukraine (time limits for appealing to the administrative court) — zakon.rada.gov.ua/laws/show/2747-15
Support with land registration from ‘Svarog’
Tell us what stage your case is at and whether there are any competitors — we will check the land against the cadastral register and any permits issued, draw up a timeline to ensure you are the first to complete the process, and if the plot has already been transferred to someone else — we will challenge the council’s decision with a chronological record of evidence. Related services: land law solicitor, administrative cases, full price list.
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