Getting the land is a painful issue for the residents of Cherkasy, – says the Managing Partner of the Rezultat Law Firm Maxim Polishkevych. A particularly acute issue is giving the permission for the development of the land use planning documentation by the Cherkasy City Council, as well as its approval of the developed documentation. By the way, at the moment Cherkasy Сity Сouncil has not considered about 500 citizens’ requests concerning getting the land. The vast majority of these requests relate to the lands that are in actual use of the applicants. For many requests of citizens, there is a significant violation of the terms, in some cases – up to a year. Therefore, I consider it’s necessary to share the information which will help you quickly and efficiently to pass through the “seven circles of bureaucratic hell” and finally to get the land plot.
The first case is a permission for the elaboration of a land use planning project on land plot allocation. The project of land allocation is developed in cases where the land is given with the change of the plot size, its boundaries or configuration, or in the case of creation of a new land plot (today the participants of ATO often face this problem, trying to get what they were promised by the state).
The right for free land acquisition
is regulated by the Articles 118, 121, 122 of the Land Code of Ukraine. Here is a list of required documents:
– An application of any form (which indicates the size and purpose of the land plot) – A copy of the passport of the citizen of Ukraine and a copy of the identification code of a natural person – tax payer (it is not required by law, but I suggest to add it) – Graphic materials, which indicate the desired location of the plot (the current legislation doesn’t regulate the form of graphic materials); – Agreement of the landholder (required only in cases when the land plot is used by another person); – A document confirming participation in the anti-terrorist operation (license) (this recommendation concerns only the participants of the ATO).
I draw your attention
that the requirement of other additional documents by the city council is illegal! If within one month from the date of registration of the application the local authority (Cherkasy City Council) hasn’t granted the permit for elaboration of a land use planning project on land plot allocation or a reasoned decision about refusal, the person interested in receiving of the free ownership of the land plot from the land municipal property is entitled to order the elaboration of a land use planning project on land plot allocation without such permission within one month from the expiry date, and this person shall notify in writing the Council about this.
To the written notification there should be attached a work execution contract of the land planning and land plot allocation (land management organisation you choose according to your own preferences). Today the City Council is an ineffective manager of urban lands. Recently the legislation has simplified greatly the procedure for land acquisition. However, not all Cherkasy citizens know about simple mechanisms for overcoming the bureaucracy. The above example is my first, but not the only one. To be continued…
Reed more: How to Get a Land Plot Without the City Council. Part Two.
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