Algorithm for changing the purpose from a personal village state (PVS) to a purpose for the construction and maintenance of housing, utility buildings and facilities.
The most common cases that need to be
resolved by territorial communities to change the purpose of the land plots are related to the
change from personal village state (PVS) to the purpose of construction and maintenance of
housing, utility buildings and facilties
In general, the procedure for changing the purpose of land is similar to the procedure for allocating land plot to the ownership from state or municipal lands, but has the appropriate features.
Thus, the algorithm for changing the purpose from PVS to construction will look like this:
The development of the project takes on average from 1 to several months of time, during which it is necessary to obtain additional initial data, develop documentation (compile cartographic materials, drawings,etc.). Regarding the approval of the allotment project amendments to the land legislation came into force in May 2021, according to which the project to change the purpose of the land plot is agreed only in some cases.
Thus, there is a requirement for the mandatory availability of a master plan, zoning plan or detailed plan of the territory established by Art. 24 of the Law of Ukraine On regulation of urban planning activities. That is, the availability of an approved master plan, zoning plan or detailed plan of the territory is mandatory during the approval of the draft change of purpose.
Разом з тим, Статтею 20 At the same time, Article 20 of the Land Code of Ukraine stipulates that the assignment of land to a certain category and type of purpose of land is carried out in relation to:
• land plots managed by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive bodies and local self- government bodies - by decision of the relevant body;
• privately owned land plots - their owners.
1. Change of purpose of land plots of state and communal property, referred to the categories of lands of housing and public buildings, lands of industry, transport, communications, energy, defense and other purposes, as well as land plots (except for land plots located in territories objects of the nature reserve fund), on which the buildings, constructions which are in private property of the land user who uses the land plots on the rights of permanent use, rent, emphyteusis, superficies, can be carried out by the land user. In this case, the change of purpose of the land does not require decisions of the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the executive body and local government, which manages the land plot.
2. The change of the land user's purpose of the land plot of state, communal property provided to him for use (except for permanent use) without conducting land auctions for carrying out certain activities should not lead to him carrying out other activities on such land plot, except for buildings located on the land plot, buildings owned by the land user).
– 3. The category of land and the type of purpose of the land plot are determined within the relevant type of functional purpose of the territory provided by the approved comprehensive plan of spatial development of the territory of the territorial community or the master plan of the settlement. Establishment of the purpose of the land plot may be carried out without complying with the requirements provided for in the first paragraph of this part, in the following cases:
• transfer of land plot of the state and communal property in accordance with the third part of Article 24 of the Law of Ukraine On Regulation of Urban Development;
• conservation of degraded and unproductive, man-made contaminated lands;
• introduction of the land plot to the lands of the natural reserve fund and other nature conservation designation;
• change the type of purposeful designation of land plots in the boundaries of the category of lands of agricultural designation (crime of assigning them to land plots for gardening, change the designation of land plots for useful forest swarms).
– 4. In case of introduction to the State Land Cadastre of information about the establishment or change of the purpose of the land plot, the availability of the land plot to the top functional zone is assigned for the tribute of the State Land Cadastre. Data about the value of the recognition of the land lot shall be submitted to the State Land Cadastre.
– 5. Classifier of types of purpose of land plot use, types of functional purpose of territories and the relationship between them, as well as the rules of its application with the definition of land categories and types of purpose of land use, which can be established within the relevant functional zone, approved by the Cabinet of Ministers. These classifiers and rules are used to maintain the State Land Cadastre and Urban Cadastre. Assignment of land plots to certain categories and types of purpose of land plots must comply with the classifier and rules specified in the first paragraph of this part.
– 6. Change of purpose of the land plot does not require:
• development of land management documentation (except for cases of land formation from state and communal lands not formed into land plots);
• adoption of decisions of the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive bodies and local self- government bodies (except for decisions on establishing and changing the purpose of land plots managed by such bodies).
– 7. Change of purpose of land plots is agreed in the case of:
• if the land plot is in use on the rights of permanent use, lease, emphyteusis, superficies, in pledge - with the land user, pledgee (whose signature is notarized in the agreement);
• if the land belongs to the lands of defense - with the Ministry of Defense of Ukraine or the body of state power that manages the military formation, the management of which includes the military unit, institution, military educational institution, enterprise and organization that uses defense lands on a permanent basis use;
• changes in the purpose of land plots of state and communal property of the nature reserve fund and other nature protection purposes, historical and cultural, forestry purposes, as a result of which land plots are removed from such categories, as well as changes purpose of lands specified in paragraph "b" of the first part of Article 150 of this Code - with the Cabinet of Ministers of Ukraine;
• changes in the purpose of land plots of state and communal property of the nature reserve fund and other nature protection purposes, historical and cultural, forestry purposes, as a result of which land plots are removed from such categories (except for changes in the purpose of forest land plots energy infrastructure projects), as well as changes in the purpose of land specified in paragraph "b" of the first part of Article 150 of this Code, shall be carried out in coordination with the Cabinet of Ministers of Ukraine.
{The seventh part of Article 20 is supplemented by a paragraph in accordance with Law № 1657-IX of 15.07.2021}.
– 8. Change of purpose of agricultural and forestry lands is carried out subject to compensation by the owner of the land plot (and for state and communal lands - by the user) losses of agricultural, forestry production, except in cases specified by law. Entering into the State Land Cadastre information on changes in the purpose of the land in such cases is subject to its owner (and for state and communal lands - the user) to ensure compliance with the obligation to compensate for losses of agricultural and forestry production, except as provided by law, as a guarantee. The State Cadastral Registrar, which enters into the State Land Cadastre information on changes in the purpose of such land, using the software of the State Land Cadastre immediately notifies the institution that issued the guarantee of the grounds for compensation for losses of agricultural and forestry production.
– 9. Change of purpose of especially valuable lands is allowed only in the case of:
• placement on them of objects of national importance, roads, power transmission and communication lines, pipelines, drainage and irrigation canals, geodetic points, housing, socio-cultural facilities, facilities related to mining , oil and gas wells and production facilities associated with their operation;
• location of industrial facilities on the lands specified in paragraph "a" of the first part of Article 150 of this Code;
• alienation of land plots for public needs or for reasons of public necessity, assignment of lands specified in items "a" and "b" of part one of Article 150 of this Code to lands of nature reserve fund and other nature protection, historical and cultural purposes, forestry purposes .
– 10. The inclusion of a land plot with a certain type of purpose in the functional zone does not entail the need to change the type of its purpose, regardless of whether this type belongs to the list of types of purpose, the definition of which is possible within such zone.
– 11. In the event of a change in the purpose of non-agricultural land with the assignment of such land to the category of agricultural land owned by a person who in accordance with the provisions of the Land Code of Ukraine can not acquire ownership of agricultural land, such land is subject to alienation within one year from the date of entry in the State Land Cadastre of information on the changed purpose of the land.
— Change of purpose of land plots outside settlements will take place either through the development of land management documentation, or in a simplified manner, when the will of the person is sufficient, if a comprehensive community spatial development plan has been developed and approved. The purpose can be changed only within the permitted types of land use, established by a comprehensive plan of spatial development of the community.
— The procedure for changing the purpose of land for subsoil use has not changed.
— Refusal to approve a land management project can be appealed in court.
— According to the current regulations, the draft change of purpose within and outside the settlements is approved by the local community.
— In addition to the land management project, it is necessary to provide the state cadastral registrar with an exchange file in XML format, which contains a list of data that simplifies the registrar to enter information about the land in the State Land Cadastre.
— Payment for entering in the land cadastre information on changes in the purpose of the land is not provided. Information on the new purpose of the land is transferred from the state land cadastre to the register of real rights to immovable property, automatically.
In general, the procedure for changing the purpose of land is similar to the procedure for allocating land plot to the ownership from state or municipal lands, but has the appropriate features.
Thus, the algorithm for changing the purpose from PVS to construction will look like this:
Step 1. Registration of the owner's application for change of purpose
At present, the current regulations do not provide for a permit to change the purpose of the land. A notarized application to change the purpose of the land, signed by the owner is required firstly. This statement will be the basis for the development of a land management project to change the purpose of the land in the next step.Step 2. Development of a project to change the purpose of the land plot from PVS for construction
To develop a land management project to change the purpose, you must contact the territory community management or land management organization, which has certified land engineers, and сonclude an agreement to develop land management documentation, or (land management project to change the purpose of the land plot).The development of the project takes on average from 1 to several months of time, during which it is necessary to obtain additional initial data, develop documentation (compile cartographic materials, drawings,etc.). Regarding the approval of the allotment project amendments to the land legislation came into force in May 2021, according to which the project to change the purpose of the land plot is agreed only in some cases.
Thus, there is a requirement for the mandatory availability of a master plan, zoning plan or detailed plan of the territory established by Art. 24 of the Law of Ukraine On regulation of urban planning activities. That is, the availability of an approved master plan, zoning plan or detailed plan of the territory is mandatory during the approval of the draft change of purpose.
Разом з тим, Статтею 20 At the same time, Article 20 of the Land Code of Ukraine stipulates that the assignment of land to a certain category and type of purpose of land is carried out in relation to:
• land plots managed by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive bodies and local self- government bodies - by decision of the relevant body;
• privately owned land plots - their owners.
1. Change of purpose of land plots of state and communal property, referred to the categories of lands of housing and public buildings, lands of industry, transport, communications, energy, defense and other purposes, as well as land plots (except for land plots located in territories objects of the nature reserve fund), on which the buildings, constructions which are in private property of the land user who uses the land plots on the rights of permanent use, rent, emphyteusis, superficies, can be carried out by the land user. In this case, the change of purpose of the land does not require decisions of the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the executive body and local government, which manages the land plot.
2. The change of the land user's purpose of the land plot of state, communal property provided to him for use (except for permanent use) without conducting land auctions for carrying out certain activities should not lead to him carrying out other activities on such land plot, except for buildings located on the land plot, buildings owned by the land user).
– 3. The category of land and the type of purpose of the land plot are determined within the relevant type of functional purpose of the territory provided by the approved comprehensive plan of spatial development of the territory of the territorial community or the master plan of the settlement. Establishment of the purpose of the land plot may be carried out without complying with the requirements provided for in the first paragraph of this part, in the following cases:
• transfer of land plot of the state and communal property in accordance with the third part of Article 24 of the Law of Ukraine On Regulation of Urban Development;
• conservation of degraded and unproductive, man-made contaminated lands;
• introduction of the land plot to the lands of the natural reserve fund and other nature conservation designation;
• change the type of purposeful designation of land plots in the boundaries of the category of lands of agricultural designation (crime of assigning them to land plots for gardening, change the designation of land plots for useful forest swarms).
– 4. In case of introduction to the State Land Cadastre of information about the establishment or change of the purpose of the land plot, the availability of the land plot to the top functional zone is assigned for the tribute of the State Land Cadastre. Data about the value of the recognition of the land lot shall be submitted to the State Land Cadastre.
– 5. Classifier of types of purpose of land plot use, types of functional purpose of territories and the relationship between them, as well as the rules of its application with the definition of land categories and types of purpose of land use, which can be established within the relevant functional zone, approved by the Cabinet of Ministers. These classifiers and rules are used to maintain the State Land Cadastre and Urban Cadastre. Assignment of land plots to certain categories and types of purpose of land plots must comply with the classifier and rules specified in the first paragraph of this part.
– 6. Change of purpose of the land plot does not require:
• development of land management documentation (except for cases of land formation from state and communal lands not formed into land plots);
• adoption of decisions of the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, executive bodies and local self- government bodies (except for decisions on establishing and changing the purpose of land plots managed by such bodies).
– 7. Change of purpose of land plots is agreed in the case of:
• if the land plot is in use on the rights of permanent use, lease, emphyteusis, superficies, in pledge - with the land user, pledgee (whose signature is notarized in the agreement);
• if the land belongs to the lands of defense - with the Ministry of Defense of Ukraine or the body of state power that manages the military formation, the management of which includes the military unit, institution, military educational institution, enterprise and organization that uses defense lands on a permanent basis use;
• changes in the purpose of land plots of state and communal property of the nature reserve fund and other nature protection purposes, historical and cultural, forestry purposes, as a result of which land plots are removed from such categories, as well as changes purpose of lands specified in paragraph "b" of the first part of Article 150 of this Code - with the Cabinet of Ministers of Ukraine;
• changes in the purpose of land plots of state and communal property of the nature reserve fund and other nature protection purposes, historical and cultural, forestry purposes, as a result of which land plots are removed from such categories (except for changes in the purpose of forest land plots energy infrastructure projects), as well as changes in the purpose of land specified in paragraph "b" of the first part of Article 150 of this Code, shall be carried out in coordination with the Cabinet of Ministers of Ukraine.
{The seventh part of Article 20 is supplemented by a paragraph in accordance with Law № 1657-IX of 15.07.2021}.
– 8. Change of purpose of agricultural and forestry lands is carried out subject to compensation by the owner of the land plot (and for state and communal lands - by the user) losses of agricultural, forestry production, except in cases specified by law. Entering into the State Land Cadastre information on changes in the purpose of the land in such cases is subject to its owner (and for state and communal lands - the user) to ensure compliance with the obligation to compensate for losses of agricultural and forestry production, except as provided by law, as a guarantee. The State Cadastral Registrar, which enters into the State Land Cadastre information on changes in the purpose of such land, using the software of the State Land Cadastre immediately notifies the institution that issued the guarantee of the grounds for compensation for losses of agricultural and forestry production.
– 9. Change of purpose of especially valuable lands is allowed only in the case of:
• placement on them of objects of national importance, roads, power transmission and communication lines, pipelines, drainage and irrigation canals, geodetic points, housing, socio-cultural facilities, facilities related to mining , oil and gas wells and production facilities associated with their operation;
• location of industrial facilities on the lands specified in paragraph "a" of the first part of Article 150 of this Code;
• alienation of land plots for public needs or for reasons of public necessity, assignment of lands specified in items "a" and "b" of part one of Article 150 of this Code to lands of nature reserve fund and other nature protection, historical and cultural purposes, forestry purposes .
– 10. The inclusion of a land plot with a certain type of purpose in the functional zone does not entail the need to change the type of its purpose, regardless of whether this type belongs to the list of types of purpose, the definition of which is possible within such zone.
– 11. In the event of a change in the purpose of non-agricultural land with the assignment of such land to the category of agricultural land owned by a person who in accordance with the provisions of the Land Code of Ukraine can not acquire ownership of agricultural land, such land is subject to alienation within one year from the date of entry in the State Land Cadastre of information on the changed purpose of the land.
— Change of purpose of land plots outside settlements will take place either through the development of land management documentation, or in a simplified manner, when the will of the person is sufficient, if a comprehensive community spatial development plan has been developed and approved. The purpose can be changed only within the permitted types of land use, established by a comprehensive plan of spatial development of the community.
— The procedure for changing the purpose of land for subsoil use has not changed.
Step 3. Approval of the project of change of purpose of the land plot
— After development, the land management project to change the purpose of the land is submitted for approval to the local government. At the regular session, the local self- government body shall decide whether to approve or refuse to approve the land management project.— Refusal to approve a land management project can be appealed in court.
— According to the current regulations, the draft change of purpose within and outside the settlements is approved by the local community.
Step 4. Obtaining an extract from the cadastre (DZK) with a changed purpose
— After approval, the project to change the purpose of the land is submitted to the state cadastral registrar to the local office of the State Geocadastre in order to enter information about the change of purpose in the State Land Cadastre (SLC).— In addition to the land management project, it is necessary to provide the state cadastral registrar with an exchange file in XML format, which contains a list of data that simplifies the registrar to enter information about the land in the State Land Cadastre.
— Payment for entering in the land cadastre information on changes in the purpose of the land is not provided. Information on the new purpose of the land is transferred from the state land cadastre to the register of real rights to immovable property, automatically.