Effective as of July 27, 2013 amendments to the Land Code of Ukraine introduced by Laws No.366-VII On amendments to certain legislative acts concerning improving land allocation procedure and No.365- VII On amendments to the Land Code of Ukraine and other legislative acts in the sphere of land relations, will simplify land allocation procedure and provision of administrative services related thereto.
Law No. 366-VII introduces the tacit consent principle for permits to develop land allocation projects ("Consent") for the allocation of land plots for ownership and use.
In particular, if after 1 month following the registration of an application for Consent the respective executive or local authority does not provide Consent or reasoned refusal thereof, the applicant within one month following the month when the Consent/refusal had to be made has the right to order the preparation of a land allocation project ("Project") without Consent. The applicant also must (i) notify in writing the respective authority on the latter and (ii) submit the agreement on performance of works regarding the preparation of the land allocation project to such authority.
The same rule applies to obtaining Consent for the allocation of state and municipally owned land plots for use.
The other amendments under the Law include:
- the relevant decision is based on Projects in cases when the designated use is changed or a new plot is formed (except land plots division or consolidation);
- allocation for use of land plots registered in the State Land Cadaster and State Register of Property Rights to Real Estate, without changing the designated use and boundaries does not require the development of land allocation documentation;
- allocation for use of land plots in other cases is based on the technical documentation regarding determination of boundaries afield.
Law No. 365-VII sets out the rule under which documentation regarding land allocation is approved by the respective territorial authority of the State Agency for Land Resources at the land plot's location and other competent authorities, depending on the type of land plot.
The introduced changes should improve land allocation procedure and decrease the time and costs of developing and approving land allocation documentation respectively.