Today, the current legislation provides for the possibility of changing the purpose of the land. This procedure is similar to the procedure for allocating land from state and communal lands, but has its own peculiarities.
In Ukraine, all lands are divided into 9 categories. Category is the main purpose of the land plot. Within each category of land there are separate types of purpose, which are characterized by their own legal regime, ecosystem functions, types of construction, types of especially valuable objects. ypes of purpose are defined in the Classification approved by the Order of the State Land Committee dated 23.07.2010.
In this article, we will show step by step how to change the purpose of the land. STEP 1. Development of a land management project
According to the Land Code of Ukraine, the change of purpose of land plots is carried out according to land management projects for their allocation. If you are a lessee or user of state and communal lands, you must obtain the consent of the body authorized to dispose of this land. If the plot is privately owned, it is not necessary to apply for a permit to change the purpose of the land plot.
After that, you need to enter into an agreement with the land management organization to develop a land management project for the allocation of the land.
The term of work under the contract may not exceed 6 months (paragraph "d" of Part 1 of Article 28 of the Law "On Land Management"). STEP 2. Approval of land management project
The land management organization independently approves the developed land management project with the authorities in accordance with Art. 1861 of the Civil Code of Ukraine (with the local administration of the State Geocadastre, the local department of architecture and urban planning, etc.).
Also, the approval of the land management project for the allocation of land can not be carried out without an approved zoning plan or a detailed plan of the territory in which it is located.
To find out whether these documents have been developed for the relevant territory, you need to contact the relevant council, if the land is located within the settlement, or the local district administration, if the plot is outside it.
If there is no detailed plan of the territory, its development can be ordered independently. In this case, the decision to develop a detailed plan of the territory should be made by the relevant local government or executive authority (depending on the location of the land).
Therefore, it is necessary to develop a detailed plan of the territory, if it is absent before the approval of the developed land management documentation. STEP 3. Registration of land in the State Land Cadastre
State registration of land plots is carried out at their location in the relevant department of the State Geocadastre.
To confirm the state registration of the land plot, the applicant is issued an extract from the State Land Cadastre on the land plot free of charge. An integral part of the extract is the cadastral plan of the land plot. STEP 4. Approval of the land management project
To approve the land management project, it is necessary to apply to the relevant council or state administration (depending on the location of the land plot).
The decision to approve the land management project for the allotment of a land plot shall be made within two weeks from the date of receipt of the land management. If it is necessary to carry out a mandatory state examination of land management documentation - after receiving a positive conclusion of such examination.. STEP 5. Registration of changes in information about the land
To do this, you must contact the state registrar (through the Center for Administrative Services) or a notary with the appropriate package of documents. After registration of changes, the owner receives an Extract from the State Register of Land Rights. It should be noted that on July 24, 2021, the Law "On Amendments to Certain Legislative Acts of Ukraine Concerning Land Use Planning" enters into force, which radically changes the rules for changing the purpose of land.
Today, the purpose of land is regulated by land legislation, and the functional purpose of land - urban planning legislation. Very often they do not coincide, which gives rise to a large number of lawsuits.
The law stipulates that the category of land and the type of purpose of the land will be determined within the relevant type of functional purpose of the territory, provided by the approved comprehensive plan of spatial development of the territorial community or the master plan of the settlement.
A comprehensive spatial development plan is a new type of urban planning documentation, which together with the general and detailed plan of the territory will receive the status of land management documentation.
The territorial community will be divided into functional zones, within which the permitted types of land use, restrictions on their use will be determined.
At the same time, the Law will allow owners or users of land plots to independently determine the types of land use within a certain category of land. There are exceptions to this rule, for example, if rent a plot of land, you must agree to change the purpose with the tenant, and so on.
The need to develop a land management project is abolished, because urban planning documentation will be given the status of land management.
The Cabinet of Ministers is tasked with approving the classifier of types of land use, types of functional purpose of territories and the correlation between them.
Remember, on 01.07.2021 the Law "On Amendments to Certain Legislative Acts of Ukraine Concerning the Conditions of Circulation of Agricultural Land" enters into force, which removes the ban on changing the purpose of land owned by citizens and legal entities for commercial agricultural production, land plots allocated in kind (on the ground) to owners of land shares (units) for personal farming. Changing the purpose of the land now or wait a bit depends on the specific situation. If you do not know where to start - we advise you to contact experts who will tell you about all the possible risks associated with changing the purpose of your land, guide you to all the necessary documents and help you avoid all bureaucratic procedures that could harm your business.