Feedback

Ukrainians may be allowed to own a plot of land and a house on it

Author : 112.ua News Agency

Source : 112 Ukraine

293 MPs voted for the bill
10:42, 18 June 2021

Verkhovna Rada
president.gov.ua

The Verkhovna Rada supported in the first reading he bill # 5248 on the simultaneous transfer of rights to land with the transfer of rights to real estate located on it. 293 MPs voted for the bill.

The online broadcast of the plenary session can be viewed HERE.

The document proposes to unify these rules for the transfer of ownership and all types of land use in case of transfer of ownership or land use (agricultural buildings) in case of acquisition of the property right to the real estate objects located on such land plot (residential house, building or structure) by amending Article 120 of the Land Code of Ukraine and Article 377 of the Civil Code of Ukraine.

Related: Ukraine’s parliament unblocks signing of law on land sale at electronic auctions

At the same time, the law proposes to supplement Art. 120 of the Land Code with a new article, according to which it is determined that the subject of the transaction, which provides for the transfer of ownership of an immovable property (residential building (except for an apartment building), another building or structure or a separate share in the common ownership of such an object, an object of construction in progress) , which is located on a land plot (except for state, communal property) owned by the alienator (previous owner) of the immovable property, there must also be such a land plot (or a separate share in the right of common ownership of it). An essential condition of such an agreement is the condition for the simultaneous transfer of ownership of such a land plot (a share in the right of common ownership to it) from the alienator to the acquirer of such an object of immovable property (a separate share in the right of ownership to it).

Corresponding changes are also being made to the Civil Code and the Law of Ukraine "On Land Lease."

Transfer of the right to a land plot in the case of acquiring ownership of an immovable property (residential building (except for an apartment building), another building or structure), an object of construction in progress located on it.

In the case of acquiring ownership of an immovable property (residential building (except for an apartment building), another building or structure), an object of construction in progress located on a land plot (except for state, communal property), the title to such a land plot is simultaneously transferred from the alienator (previous owner) of such immovable property to the purchaser of such immovable property, without changing its purpose. In the event that the alienator (previous owner) of such an immovable property owned a separate share in the right of common ownership of a land plot, the acquirer of this immovable property passes the title to such a share.

Related: Ukraine’s Constitutional Court considers constitutionality of land market

In the case of acquiring a separate share in the right of common ownership of the immovable property of the aforementioned objects that were privately owned by their previous owner, the ownership of the land plot on which such objects are located is simultaneously transferred from the previous owner to the acquirer in accordance with the proper alienator (previous owner ) a share in the right of common ownership of such an object, except for the case when the previous owner owned a share in the right of common ownership of a land plot in a different amount. If the previous owner in the common ownership of such objects owned a share in the common ownership of the land plot in a different amount, the ownership is transferred to that amount.

In the case of acquiring ownership of such an object, if it is leased, in use on the basis of the right of emphyteusis, superficies from the previous owner, the acquirer simultaneously transfers the right to lease, emphyteusis, superficies of the land plot on which such an object is located, in the amount and on conditions established for the previous owner, except for the cases specified in part four of this article. The will of the lessor (owner) and amendments to the lease agreement, emphyteusis, superficies indicating the new tenant (user) of the land plot is not required.

In the case of acquiring a separate share in the common ownership of an object, if such an object is located on a land plot that is in the use of the previous owner on the right of lease, the acquirer has the right to demand amendments to the land lease agreement with the definition of his co-lessee (co-user) of the land plot, amending the relevant agreement is obliged to reimburse the lessee (user) for part of the rent for the use of the land plot.

Related: Government approves procedure for inspecting land buyers

The procedure for the use by several tenants (land users) of a leased land plot (land plot in use on the right of emphyteusis, superficies) in this case is determined by an agreement concluded between them, or by a court decision.

An essential condition of the contract on the basis of which the ownership right is acquired is the cadastral number of the land plot, the right to which is transferred in connection with the acquisition of ownership of such an object.

The conclusion of an agreement providing for the acquisition of property rights is carried out after the allocation of such a part into a separate land plot and assigning a cadastral number to it.

In the case of acquiring a share in the ownership of an object located on a land plot in permanent use, the acquirer has the right to use such a land plot to access and maintain such an object. The procedure for the use of a land plot by the acquirer is determined by an agreement between him and the land user.

If no agreement is reached between the acquirer and the land user on the procedure for using the corresponding land plot, such a procedure is determined by the executive authority or local self-government body.

Peculiarities of registration actions for the transfer of real rights to a land plot (a separate share in the right of common ownership to it) in the event of acquiring ownership rights to immovable property (residential building (except for multi-apartment buildings), another building or structure), an object of construction in progress.

Related: Three malefactors illegally seize forest lands for almost $728,000 in Lviv region

State registration of the transfer of ownership of an immovable property (residential building (except for an apartment building), another building or structure) or a separate share in the right of common ownership of it, an object of unfinished construction located on a land plot (except for state, communal property), which was owned by the previous owner of such immovable property, is carried out simultaneously with the state registration of the transfer of ownership of the land plot (a separate share in the common ownership right to it) from the previous owner of the corresponding immovable property to its acquirer.

State registration of the transfer of ownership of an immovable property (residential building (except for an apartment building), another building or structure), an object of construction in progress located on a land plot of all forms of ownership that was in use (lease, emphyteusis, superficies) by the alienator of the previous owner of such the object is carried out simultaneously with the state registration of the transfer of the right to use such a land plot from the previous owner of the corresponding immovable property to its acquirer.

Topics:
Система Orphus

If you find an error, highlight the desired text and press Ctrl + Enter, to tell about it

Comments
see more