As to the way of obtaining a land plot in a way, guaranteed by law, it has been discussed by the Managing Partner of the Rezultat law firm Maxim Polishkevych in the first three parts of the cycle “How to Get a Land Plot Without the City Council.” As for the case described in this article, it concerns, first and foremost (though not necessarily), legal entity developers. For construction companies, that, due to various circumstances, are not able to complete the object construction, it is the best way to alienate a land plot leasehold right with a partial return of investment.
Sale of a land plot leasehold right. Case Four.
The right to lease a land plot of state or communal property granted for the residential building construction may be alienated (sold or donated) by the lessee with the consent of the lessor in case such construction has been commenced. Article 8‒1 of the Law of Ukraine “On Lease of Land” stipulates that the lessee who intends to alienate a land plot leasehold right with the consent of the lessor should personally submit or send the lessor by registered mail an application.
The lessor should within a month from the date of application receipt grant the lessee the written consent to the alienation of a land plot leasehold right or a motivated refusal to grant such consent. It should be noted that since the lessor is the City Council, consent or rejection should be in the form of the Council decisions, not the officials’ letters. If in the established by this Article period the lessor has not given consent to the alienation of a land plot leasehold right or a motivated refusal to grant it, the lessee may alienate a land plot leasehold right within ten working days from the date of expiration of this period. The alienated land plot leasehold right is subject to state registration in accordance with the procedure established by law.
As far as I know, no developer in Cherkasy has so far used his legal right to sell land plot leasehold rights, although in our unstable time, this issue is quite relevant for entrepreneurs, since getting land for a new owner of the construction in progress is an elongated process.
Besides, the local self-government body would also benefit from it: the new building construction would continue, and the land rent would be steadily filling the budget.
Reed more: How to Get a Land Plot Without the City Council. Part Three
Reed more: How to Get a Land Plot Without the City Council. Part Two.
Reed more: How to get a land plot without the City Council. Part one.
Reed more: Rezultat law firm is a laureate of the business achievement award by CCI