Because of the long bureaucratic procedures, it’s equally difficult to get a land plot both for those who ask for the free land plot allocation and for those who want to privatise the land within their own households. For Cherkasy, this question is very important, because a large part of the city is the private homesteads.
Almost every day I hear from friends that they spend a lot of time waiting for permission from the City Council on the development of documentation to obtain the land under their own homes despite the boundaries of the land plot have already been set. Managing Partner of the Rezultat Law Firm Maxim Polishkevych stresses – the legislator has quite clearly stated in Article 55 of the Law of Ukraine “On Land Management”, that there is no need to do this!
The second case, registration of the land plot under your own residential house. If you plan to transfer the land of communal property to the private ownership or use which is a residential house, the ownership of which is registered on the basis of land use planning documents, where the boundaries of the land plot are already set in kind (on the area), such technical documentation is developed by request of the owner of a residential house without the permission of local authority.
That is, if the land is in your use (for example, there is an old decision to grant for the use the land of the same area, which you are using now, or you have purchased a home ownership and your land plot has got the cadastral number already), you have the right to ask a land management organization to develop land management documentation without any permissions!
So, as we see, the city council is not a boss here, and so don’t ask it for the permission out of habit. And the fact that the local authority cannot bring the Rules of the land allocation in accordance with the Law is not an obstacle for the realisation of your rights, as a general rule says that in the case of a conflict the regulatory instruments of the higher level should be applied. As you see, it’s possible to get the land within your own household in half the time, because the city council, in this case, decides only on approval of land management documentation.
The specialists of the Rezultat Law Firm continuously monitor current legislation and judicial practices in the field of land relations. Our lawyers have experience of work at local authorities institutions and at the State Committee. We offer a wide range of legal services in the field of land law:
- allocation of land plots
- resolving of land disputes
- registration of lease rights
- superficies and emphyteusis contracts
- any other operations with the land.
Reed more: YHow to get a land plot without the City Council. Part one.
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