I am a landowner
What does land reform give me?
Freedom to dispose of your property: sell, lease, exchange plots (to eliminate the “chessboard”), inherit and donate, and change the intended purpose.
Land values will rise — the experience of other countries proves that this is due to both global growth in demand for agricultural products and the promotion of innovation and responsible farming. Digitalization, which is part of the land reform, makes it easier to access electronic documents and information about land, access to electronic services, strengthens the protection of property rights and helps to obtain state support in a transparent and fair manner for all landowner applicants.
Do I have to sell my land plot?
No, it is not obligatory. It is up to the landowner to decide whether to sell their land or not.
Who can I sell my land to?
From July 1, 2021, to January 1, 2024, the sale (or other alienation) of previously moratorium land plots is allowed in favor of individuals — citizens of Ukraine, the community and the state.
Starting from January 1, 2024, alienation may be carried out in favor of legal entities established and registered under the laws of Ukraine, whose participants (shareholders, members) are only citizens of Ukraine and/or the state and/or territorial communities.
At what price can I sell my land?
Ukrainian legislation does not set an upper price limit. However, it does set a lower limit: until January 1, 2030, such a price cannot be less than the normative monetary value of the land plot.
What documents are required?
-
Documents confirming the ownership of the land plot (state certificate of ownership, certificate of ownership of real estate or other documents).
-
An extract from the State Land Cadastre (available from a notary).
-
Extract from the State Register of Rights (available from a notary).
-
Extract from the technical documentation on normative monetary valuation (available in Diia, on the website of the StateGeoCadastre or at the ASC).
-
Passport and registration number of the taxpayer's account card (identification numbers).
-
Report on the expert monetary valuation of the land plot.
Important: the document confirming the ownership of the land plot must contain its cadastral number. If it is missing, it must be assigned.
How to assign a cadastral number?
You need to contact a certified land management organization to prepare technical documentation to establish the boundaries of the land plot.
The organization can be either state or non-state.
Based on this documentation, the land surveyor will register the land plot in the cadastre and then it will be published on the Public Cadastral Map. Subsequently, the landowner receives an extract from the State Land Cadastre with a cadastral number.
Where to apply to conclude a sale and purchase agreement?
To a local notary (at the location of the real estate or at the place of residence of one of the parties to the agreement).
How can I find a buyer for a land plot?
In any convenient way. For example, you can advertise the sale in a newspaper or on the Internet. Or offer the land to those persons who already operate in the region where the land plot is located.
Can I sell land that is leased?
Yes, you can. But your tenant has a pre-emptive right to purchase. To sell the land to another person, that person must offer a higher price, which the tenant will refuse to pay.
Can I sell part of the land?
You can, but after some preparation. The fact is that a land plot has three key characteristics: cadastral number, area and address. You cannot change them yourself. However, you can divide the land, register separate plots, and then sell one of them.
I inherited a land plot together with my relatives. How can I sell my part?
Each heir can sell his or her part, but the other heir has a pre-emptive right to purchase it.
I inherited a land plot with my relatives. How can I sell my part?
Each heir can sell his/her part, but the other heir has a pre-emptive right to purchase it.
What taxes will I pay if I sell the land?
Personal income tax in the amount of 5% of the valuation (there are exemptions that do not apply to previously moratorium land).
Military duty — 1.5% of the valuation.
Notary services for performing the relevant notarial acts will also be subject to payment.
How will the open land market help me?
Land reform is an opportunity to dispose of your property to your advantage and legally receive a fair, not the lowest payment in Europe, for your land.
The landowner can decide what to do with it. The value of land will continue to grow, so owning an agricultural plot is a very good asset.
In addition, the price of land lease will also go up with the introduction of the market. Landowners will earn much more.
Can foreigners buy land?
No.
The law currently prohibits the sale of land to foreigners.
The decision to allow the sale of land to foreign citizens and foreign legal entities can only be made after approval by a referendum. In addition, regardless of the referendum decision, foreigners are prohibited from purchasing land plots within a 50 kilometre zone from the state border of Ukraine.
Can the owner change the designated purpose of the land?
The change of the designated purpose of privately owned land plots is carried out at the initiative of the land plot owners and on the basis of a decision of the village, town or city council.
Step 1. A notarized application to change the designated purpose of the land plot signed by the owner is required. The application is the basis for the development of a land management project for the allocation of the land plot whose purpose is being changed.
Step 2: The landowner must submit the developed land management project for the land plot to the relevant village, town, or city council. Approval of documentation for a land plot located outside the settlement is carried out by the district state administration.
The grounds for refusing to approve a land management project may only be the inconsistency of its provisions with the requirements of laws and regulations adopted in accordance with them, land management documentation, or urban planning documentation.
Step 3. If the decision to approve the land management project has been made, the relevant changes must be made to the State Land Cadastre. To do this, the land management documentation is submitted to the State Cadastral Registrar through the Administrative Services Center (ASC) or through an electronic cabinet.
How to register ownership of a share inherited from a family?
If it is a land plot, you need to obtain an inheritance certificate from a public or private notary. When the certificate is issued, the state registration of the property right will be carried out for the heir.
If the land plot has not been formed and does not have a cadastral number, you must first order technical documentation, assign a cadastral number to the plot, and have it registered in the land cadastre, and then register the ownership in the register of rights.
Is it possible to sell land for cash?
Payment for land in the event of a sale must be made exclusively in non-cash form.
Can foreigners inherit agricultural land?
Foreign citizens, stateless persons and foreign legal entities cannot own agricultural land on the basis of ownership, so they must sell the land to Ukrainian citizens, the state or territorial communities, even if they inherit it legally.
Can companies buy land?
Ukrainian legal entities can purchase land starting from January 1, 2024, in accordance with the amendments to the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Turnover of Agricultural Land”.
Can I present a land plot as a gift?
Yes, you can, but only in favor of the other spouse, relatives (children, parents, siblings (full and half), cousins, grandparents, grandchildren, great-grandchildren, uncles and aunts, nieces and nephews, stepchildren, stepfathers, stepmothers, stepfathers).