The land plot lease agreement is signed by the landowner and land user for a specified period, while the land plot lessee has the right to renew the lease agreement if the lessor has no objections in this regard,—the Managing Partner of the Rezultat law firm Maxim Polishkevych reports.
Case Five. To Renew a Land Plot Lease Agreement
Article 33 of the Law of Ukraine “On Lease of Land” defines the procedure according to which it is possible to renew the land plot lease agreement.
In accordance with this procedure, the lessee who intends to sign a land plot lease agreement for a new term, is obliged to notify the lessor thereof within the period established by this agreement (usually the agreements with the Cherkasy City Council provide for a period of 90 days), but not later than a month before expiry of the lease agreement.
The lessee adds a draft additional agreement to the letter of notice on renewal of the land plot lease agreement. The Council is obliged to consider the sent by the lessee letter of notice with the draft additional agreement within one month. If there is the lessor’s objection regarding the renewal of the land plot lease agreement, a letter of notice on the decision taken by the Council is sent to the lessee.
In case the lessee continues to use the land plot after the expiry of the lease agreement and in the absence of a letter of notice from the lessor within one month after the expiry of the agreement about the objection to the renewal of the land lease agreement, such a lease agreement is considered renewed for the same term and under the same conditions, which were stipulated by the agreement.
In this case, the execution of an additional agreement on renewal of the land plot lease agreement is carried out with the authorized head of the local self-government body (in practice, with the mayor or the City Council secretary) without the Council’s decision on renewal of the land plot lease agreement.
An additional agreement to the land plot lease agreement on its renewal shall be entered into by the parties within a mandatory period of one month. The refusal, as well as the delay in executing an additional agreement to the land plot lease agreement, may be appealed against in court. In practice, this means that although the current legislation of Ukraine does not provide for automatic prolongation of the lease agreement, but if you do everything correctly, the issue will be resolved in your favor. And the existing jurisprudence confirms that.
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