Lease of a land plot

Lease of a land plot

Land lease is the paid use of someone else’s land plot on the basis of a contract. The term of a land lease agreement may not exceed 50 years.

A land lease agreement is concluded in writing and may be notarized. The lessee is obliged to enter information on the registration of the respective lease right in the State Register of Real Property Rights.

The following documents are required for state registration of a land lease agreement:

• original land lease agreement
• an act of acceptance and transfer of the land plot.

Mandatory conditions that must be specified in the lease agreement:

• object of lease (cadastral number, location and size of the land plot)
• date of conclusion and term of the lease agreement;
• amount of rent.

The right to lease a land plot arises from the moment of state registration of such right.

The procedure for obtaining a land plot for lease depends on the following circumstances:

• Lease under an existing building/structure for which no title has been registered;
• Lease under an existing building/construction for which there is a title;
• Lease of an undeveloped land plot.

Leasing land under an unregistered building

If there is a building on the land plot you want to lease, but the ownership of such a building is not registered, you must first legalize the building. After that, the procedure will be the same as in paragraph 2.

Lease of land under a building that is owned

If there is a building or structure on the land plot that you own, the algorithm of actions will be as follows:

• Preparation of a land management project by a land management organization
• Approval of such a land management project
• Registration of the land plot in the State Land Cadastre and assignment of a cadastral number. Obtaining an extract from the State Land Cadastre
• Approval of the land management project by the local council
• Conclusion of a lease agreement
• Registration of the right to lease a land plot

This is the easiest way to execute a land lease agreement, as you are already the actual land user.

Lease of a land plot without buildings and/or structures

If you want to lease land on which there are no buildings or structures, you will most likely need to participate in a land auction.

Cases in which land plots are leased without bidding are defined in Article 124 of the Land Code of Ukraine.

Algorithm of participation in land auctions:

• monitoring of announcements on planned land auctions ;
• registration on the electronic platform;
• submission of an application for participation;
• payment of registration and guarantee fees;
• preparation of a package of documents;
• participation in the auction;
• signing of the electronic protocol;
• signing the lease agreement.

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