On May 31, 2017 the Kyiv City Council decision On Adopting the Order of Acquiring Titles to Communal Lands in Kyiv City came into force. The new order shall cut through the red tape particularly by reducing the number of requested documents and shortening time for their consideration.
Today the new Order reduces the number of applications up to three:
- on requesting permission to develop the land project on land allocation;
- on developing land project on establishing the boundaries of a land plot, its partition, consolidation or sublease;
- on extending the lease.
The Order also specifies the exhaustive list of documents to be attached to application particularly there is no need to annex the drawings such as extract from the cadastral plan or copy of urban cadaster. These documents will be provided by the relevant authorities independently and free of charge.
In case an applicant provides documents evidencing the transfer of title to real property located on the land plot there is no need to submit additionally archived decision on land allocation or previous landlord’s approval.
Please note the time for consideration is reduced to ten days after filing an application and its status is available online.
DIVIDING A LAND PLOT
Now there is no need to wait for years to get approvals of about three Kyiv City Council sessions on dividing the leased land.
Only one Kyiv City Council decision and Kyiv City Council Secretary’s resolution are enough to approve all the documents.
According to the new Order the land lease shall be signed and registered within one month. The earlier procedure took about 6 month or even more.
One month before the end of the land lease the leaser may apply for its prolongation. In case Kyiv City Council will not refuse the lease extends for the same term. Thus, additional agreement to the lease is to be executed under the positive resolution of Kyiv City Council Commission on Urban Planning, Architecture and Land Use.
A person may also apply to lease a land plot crossing a building line to maintain his real property particularly a driveway but not to start a new construction.
Please note such lease may be terminated by City Council any time, e.g. to expand a roadway.
Vladyslav Kysil, Mykhailo Semka,
KPD Consulting KPD Consulting
Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Vladyslav Kysil (firstname.lastname@example.org) or Mr. Mykhailo Semka (email@example.com). We will be pleased to assist You.
The information contained in this overview is not intended to provide legal advice and should not be relied on or treated as a substitute for specific advice concerning individual situations.