Land law legal services
Land law is a sector of high interest and profitability, making it a key focus for both business and regulatory attention.
Our legal firm, "Pravova Dopomoga," specializes in preparing documents and resolving complex and varied issues within the sphere of land law.
We cater to both corporations and individuals, providing expert legal services in land law for businesses.
Our range of services in the practice of land law includes:
- Drafting and reviewing various agreements including sales, leases, gifts, exchanges, easements, etc.
- Performing due diligence for land plots and building intentions prior to their acquisition.
- Assisting in the development of a company's land bank.
- Handling the privatization of land plots.
- Facilitating the change of designated land use.
- Assigning cadastral numbers to land plots.
- Managing the merger and division of land plots.
- Registering property rights for land plots.
- Preparing documentation and overseeing transactions related to land disposition.
Cost of Land Law Services
The pricing varies depending on the specific assistance needed. Our page lists various service packages from which you can choose based on your interests. Alternatively, our specialists can precisely assess your needs and propose solutions tailored to your land law requirements.
When to Seek a Land Lawyer
- For comprehensive legal support in land dealings, including document preparation for governmental registration.
- For a detailed analysis of a land plot and its building intentions before its acquisition, to identify potential risks and deficiencies.
- To prepare and submit required documents for the registration of land ownership rights.
- For privatizing land plots and real estate properties.
- For the preparation of documents related to the sale and purchase of land plots in Ukraine.
- For changing land designated purposes, assigning cadastral numbers, and managing the merging or division of land plots.
What we do
After the end of the services you will receive a cadastral number on your land plot.
- advises the Client, finds out the final interest and forms the most optimal algorithm of work;
- checks contracts and documents for the land plot (we bring the documents into compliance with the requirements of the legislation, if necessary);
- interacts with local authorities from the moment of submission of the application, provides preparation of the project of land allotment;
- ensures the expertise of the land allotment project and making the necessary decision by the local council or district administration.
Service packages offers
Legal audit of real estate for buyers that involves:
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Verifying and cross-referencing property data as per client-provided documents and official registries;
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Checking the real estate in all registries and open sources;
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Examination of the owner/co-owner through court registries, mortgage registries, debtor registries, and for any tax liens;
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Checking for the rights of other parties on the real estate (co-owners, heirs);
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Offering conclusions and recommendations to help the buyer understand all potential risks and mechanisms for resolution during the purchase;
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Verifying the plot's layout, size, boundaries, location, and historical data;
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Researching the plot's history and the transitions of property rights over time.
Additionally, we offer a Technical Audit*:
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Determining limitations related to red and blue lines that may affect future construction or property development;
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Assessing the plot's designated purpose against future usage plans, such as development intentions.
*The technical audit is agreed upon at the beginning of the service and is charged separately.
This package includes two phases, each requiring separate payment.
Phase 1: Conducting an audit and defining the work phases, establishing the cost of registration.
Developing a strategy roadmap (considering the project’s complexity and multi-stage implementation), if necessary
Phase 2: Registering ownership of the land plot
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Preparation and arrangement of documents to obtain a cadastral number;
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Submission of informational requests/receipt of archival certificates/extracts based on the client's original documents;
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Registration of the land plot in the State Land Cadastre;
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Obtaining official confirmation of the registered land plot in the State Land Cadastre (extract from the SLC);
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Submission of documents for registration of rights on behalf of the Client
This package includes two phases, each requiring separate payment.
Phase 1: Conducting an audit and defining the work phases, pricing:
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Legal audit of the client's documents, which grant the right to obtain a land plot through privatization (documents related to possession/use of the plot; documents for a residential house, outbuildings, structures in ownership, etc.; client’s documents)
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Identifying necessary documents for privatization (project/technical documentation, permits from city councils, approvals, agreements, etc.)
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Setting timelines for document procurement and identifying responsible parties
Phase 2: Privatization of the land plot
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Submitting information requests and obtaining archival certificates/extracts based on the client's original documents
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Collecting and submitting documents to local authorities
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Documented agreement with the land user for plot allocation (if necessary)
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Filing for permission to develop land management documentation (in specific cases)
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Approval and confirmation of documentation processes
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Formulation and preparation of documents for obtaining a cadastral number
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Registering the land plot in the State Land Cadastre
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Acquiring official confirmation of the registered land plot from the State Land Cadastre (extract from the SLC)
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Registering property rights in the registry on behalf of the Client
This package includes two phases, each requiring separate payment.
Phase 1: Conducting an audit and defining the work phases, pricing:
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Conducting an audit of the client's land plot documents
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Reviewing urban planning documentation to assess the feasibility of changing the plot's designated purpose and obtaining necessary extracts
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Consulting with adjacent specialists.
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Determining the stages of work, considering the project's complexity and multiple phases
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Setting timelines for document procurement and identifying responsible parties
Phase 2: Project implementation:
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Submitting information requests and obtaining archival certificates/extracts based on the client's original documents
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Applying for permission to develop land management documentation, as required;
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Collecting and submitting documents to local authorities
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Preparing documents for notarization of intent statements
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Submitting for approval/confirmation of documentation
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Requesting changes to land plot information
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Obtaining an extract from the State Land Cadastre with the new designated purpose
This package includes two phases, each requiring separate payment.
Phase 1: Audit and roadmap:
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Performing an audit of the client's land plot documents
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Analyzing the potential for division or merger of the plot with a cadastral number assignment
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Consultation with related specialists
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Determining the stages of work, taking into account the project's complexity and multi-phase nature
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Setting timelines for obtaining documents and identifying responsible individuals
Phase 2:Project implementation:
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Preparing documents for notarization of merger/division intentions
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Gathering and submitting documents to local authorities
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Documenting for notarization of intent statements
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Formulating and preparing documents for cadastral number assignment in cases of division/merger
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Submitting information requests and obtaining archival references/statements based on the client's original documents
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Registering the land plot in the State Land Cadastre, including new plots formed from division/merger
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Acquiring official confirmation of land plot registration from the State Land Cadastre (extract from the SLC)
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Filing documents for the registration of rights on behalf of the Client
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This package involves two phases. We do not promise guaranteed success of the procedure, nor do we quote a flat-rate price without a preliminary paid analysis. Phase 1: Audit and roadmap:
Phase 2:
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Legal Services in Land Law
Working in the field of land law typically demands from lawyers:
- Specific knowledge and information about particular document sets;
- Proficiency in the practical application of legislative norms and familiarity with judicial precedents;
- The capability to involve additional necessary experts in the process.
Land Ownership Registration Service
This comprehensive service starts with a legal audit of the land plot’s status. The subsequent step may involve either creating documents from scratch or preparing specific documents to record the ownership right in the registry.
The timeframe can vary from 5 days or more, depending on the status of the title documents and the stage of the land plot's development as a legal entity.
Essential documents needed from the client:
- Title document for the land plot (contract, certificate, state act, etc.);
- Cadastre information about the land plot;
- Owner details.
Risk Assessment for Land Acquisition
Our service includes a thorough legal review of the land plot's status intended for purchase or sale, including its owner and the history of ownership transfers.
The primary criteria for the assessment are:
- Location;
- Area;
- Boundaries of the land plot;
- Designated purpose;
- Information about property rights, encumbrances, and the basis of ownership acquisition.
For the seller's documents, we review those confirming ownership of the plot, such as:
- State act;
- State act for lifelong inheritable possession (issued from 1990 to 1992);
- Inheritance certificate for the land plot;
- Property ownership certificate;
- Contract and extract from the Property Rights Registry.
Each of these documents must be meticulously analyzed in accordance with the legislation effective at the time of their issuance.
Identified risk factors include:
- Discrepancies in the plot's area and location as stated in documents versus its actual site.
- Boundary overlaps with adjacent plots, potentially leading to ownership disputes and boundary adjustments.
- Frequent changes in ownership or the presence of archival plots in the Land Cadastre.
- Discrepancies in documentation versus legislative requirements, especially in cases of ownership transfer and changes in designated purpose.
These issues could affect ownership rights and lead to legal disputes.
During our audit, we work with documents provided by the client and, if necessary, obtain additional required documents from relevant authorities and archives.
Privatization of Land in Ukraine
During martial law, the process of land privatization (free acquisition of land plots) in Ukraine has undergone significant restrictions. Presently, privatization is specifically allowed for:
- Homeowners who are situated on the land plot in question;
- Plots allocated under the Decree of the Cabinet of Ministers of Ukraine dated December 26, 1992, which pertains to citizens and their heirs;
- Plots that were issued before 2004;
- Individuals who initiated the privatization process before 2013 but did not receive a state act.
Note: Points 2, 3, and 4 apply to plots that have effectively been allocated for ownership but do not possess a cadastral number or the rights are not registered in the land registry.
However, it is still possible to purchase or lease a land plot, as there are no prohibitions against this during martial law.
The basic privatization procedure:
- Clients approach with their document package (we provide a document list after discussing your case).
- Our experts create all the necessary land management documentation.
- We send you a document package for the boundary agreement.
- Registration of the plot in the land cadastre and assignment of a cadastral number.
- Transferring documents to the relevant council session (if needed).
- Registration of property rights in the land rights registry.
This process generally takes up to a month, but additional time should be considered for the approval of the documentation by the relevant council (usually approved during a session).
Once the procedures are complete, the client is provided with the document package, confirming them as the legitimate landowner.
Changing the Designated Purpose of Land in Kyiv
In response to urban development and various circumstances encouraging economic growth and efficient land use, a landowner or user might need to change the land's designated purpose.
The type and designated purpose of a land plot are determined according to the territory's development plan, approved for the respective area. This could be a comprehensive territorial community development plan or a master plan for a settlement. These plans dictate the permissible uses and purposes of the land plot, based on the functional designation of the territory.
Changes in the designated purpose of a land plot following the approval of comprehensive spatial development plans or settlement master plans can be made without:
- Developing special land documentation, except when a land plot is being formed for the first time from state or municipal lands;
- Decisions from the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, executive authority, or local self-government body, except when establishing or changing the designated purpose of land plots under their management.
However, as per the law, permission for construction on a land plot prior to establishing new functional zoning can be granted within the bounds of the land plot's designated purpose.
Obtaining urban planning conditions and limitations poses a risk of rejection if the construction intentions do not align with urban planning documentation requirements.
Assignment of Cadastral Numbers to Land Plots in Kyiv
The identification of a land plot is based on the assignment of a unique cadastral number as established by law. This cadastral number is essential for the clear identification of each plot.
A cadastral number is assigned in the following situations:
- When a land plot is formed;
- When entering information about a land plot in the state cadastre if the ownership or usage rights originated before 2004.
Situations requiring a cadastral number:
- During the alienation of real estate located on a land plot without a cadastral number, as the cadastral number of the land plot is a crucial condition for the agreement on the transfer of property rights (i.e., a notary will not authenticate an agreement without the land plot's cadastral number);
- When forming a plot with defined boundaries in nature to mitigate disputes with neighboring landowners;
- For privatizing a land plot;
- For formalizing usage rights of municipal land plots for the use and reconstruction of buildings or structures;
- To align old documents issued for the plot with current legislation;
- For conducting land auctions, etc.
Merging or Dividing Land Plots in Ukraine
For the efficient use of land resources, it may be necessary to merge or divide land plots.
A crucial requirement for merging land plots is that all the plots to be combined must share the same designated purpose. This means that plots intended for residential development, commercial use, agricultural activities, or any other purpose must have a unified designated use before merging.
When a land plot is divided, its designated purpose remains the same. For instance, if a plot's original designated purpose was for personal farming, it will retain this purpose even after the division.
The division and merging of land plots under mortgage or in use can only be conducted with the consent of both the land user and the mortgage holder.
Their agreement must be officially notarized.
After the division or merging process, the original plot ceases to exist as a civil rights entity, and its information is transferred to the archival section of the cadastre.
Common Challenges in Land Transactions in Ukraine
- The lack of local-level urban planning documentation, resulting in restrictions for changing the designated purpose of a land plot or its allocation;
- The designated purpose of a land plot not aligning with urban planning documentation, which can cause issues with project development;
- Unregistered land rights for heirs;
- Technical issues in the land cadastre, such as overlaps or missing plots;
- Restrictions due to the implementation of martial law;
- Corruption risks at local levels.
Land Disputes and Their Resolution
Landowners and users are obliged to utilize their land in a manner that does not inconvenience their neighbors. This includes avoiding issues such as shadows cast by buildings or fences, smoke, odors, noise, etc.
Local authorities handle conflicts between individuals regarding land plots in urban and rural areas, as well as disputes over violations of neighborly rules and relationships.
If a conflict arises over who has the right to own, use, or manage a specific land plot, such matters are typically resolved in court.
It's also worth noting that Ukrainian law entitles every individual to defend their rights when they are infringed upon, unacknowledged, or contested.
The Role of Legal Consultation in Land Law
An important aspect of business involving land law is finding a reliable legal partner.
Proper due diligence before constructing on a land plot can prevent future problems and account for all risks, including obtaining urban planning conditions and construction restrictions.
For instance, if you have agreements involving significant sums or agricultural fields, entrusting such transactions to amateurs can be too risky. Professional legal assistance saves time and money and provides expertise in this area.
Before investing, many individuals seek to understand all business-related risks. Here, consulting with a qualified specialist is crucial to:
- Estimate potential losses and gains;
- Develop a business plan;
- Understand the intricacies of obtaining permits, taxation, etc.
For clients desiring a detailed action plan for independent use, a Roadmap is beneficial. This service offers a working algorithm and addresses complex legal issues.
When you use our services or legal support, the cost of the initial consultation and "Roadmap" will be included in the total fee.
Our lawyers are ready to provide written consultations or answer any questions regarding land law practice. If you need assistance, feel free to contact us!
We are ready to help you!
Contact us by mail [email protected] or by filling out the form:Our publications on this matter
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General Manager V. Volodchenko
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