Lease of land from communal property in Kiev and the region
Lease of land plots in communal or state ownership is one of the most common ways of using property rights.
In this article we will consider in detail the process of concluding lease agreements with a land plot in communal ownership. Our specialists, lawyers, are ready to provide comprehensive support in this direction.
Ways of transferring a land plot of communal property for lease
In modern Ukraine there are the following ways of transferring land plots of communal property for lease:
- Holding a tender for the lease of land plots.
- Adoption of an appropriate decision by the body managing communal property.
- The first method is preferred. As for the second option, it is applied only in certain cases.
Such a trend is associated with the limitation of the possibility to lease land without a tender according to Law No. 1012.
Before proceeding to the consideration of situations in which the tender is not held, let us consider them:
- If the land plot contains buildings or structures that belong to individuals or legal entities.
- If the land, according to the legislation, is supposed to partners.
- If a new lease agreement is concluded.
- If property complexes located on communal land are leased or concessioned.
In all other cases, the lease of a communal land plot is carried out exclusively on the basis of a tender.
Obtaining the right to lease communal land through an auction
The procedure for obtaining the right to lease a communal land plot involves the following stages. A person wishing to lease a plot of land prepares and submits an application to the body that manages this land.
This application specifies the purpose of leasing or building on the plot. To obtain a plot of land for lease, it is worth researching information on the Prozoro portal (Prozorro).
This will provide full information on:
- Basic parameters of the auction, including the organizer, time and venue.
- Lot details, such as area, purpose and technical documentation.
- The conditions for the transfer of communal land property for lease, in particular the initial amount of the annual fee for the use of the lot.
Before entering into a lease agreement or purchasing property on such a land plot, we also recommend ordering a comprehensive pre-purchase property inspection to verify the documentation and identify potential risks associated with the property in advance.
Lease and land without an auction
In specific circumstances, it is possible to use the procedure of leasing a land plot without holding an auction. To do this, first of all, it is necessary to obtain approval from the body that has management authority over the land plot. In the case of a positive decision, the development of land management documentation is carried out.
After the documents are prepared, they are subject to approval. The next stage is the adoption by the competent authority of a decision on granting the land plot for lease. In the end, a lease agreement for a land plot of communal property is concluded. The last step is registration of the lease right in the State Register.
Contact GlobalBud Ukraine.
Carrying out this process on your own can be quite complicated. It is more efficient to seek help from qualified lawyers. The specialists of GlobalBud Ukraine offer a turnkey service of support in concluding a lease agreement for a communal land plot.
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