Real Estate BlogReal estateIs it possible to sell agricultural land (share)?
According to the current legislation of Ukraine, none of its citizens has the right to directly sell a share agricultural land. It is also prohibited to use any methods of alienation in relation to land shares for conducting agricultural activities on them.. Parties, who made a similar deal, must be ready for litigation. As a result, the deal will be canceled, and both sides will suffer financial losses. Today, they cannot freely dispose of their property about 7 million Ukrainians.
The moratorium applies to lands of three types of designated purposes, namely:
Information on the purpose of the units can be viewed in content of state acts. The moratorium was introduced in 2001 year. The country's constitution states that, that the land is the property of the people and should be protected by the state. The logic of the deputies is simple: they think, that if the ban is lifted, the land will be sold to foreign agricultural holdings. The introduction of amendments to the land reform is discussed annually, but drastic decisions are no longer made for more 15 years old. The draft law on the abolition of the moratorium has been prepared, but when he will be seriously considered in the Rada is unknown. Some experts believe, that closing access to the free land market is beneficial for Ukrainian business. In the current situation, local enterprises do not have competition from European agricultural companies and can lease agricultural areas at prices much lower than the average market.
Lawyers and realtors from real estate agencies of the Odessa region give several detailed answers to the question, how to sell a land plot for agricultural purposes under a moratorium. There are several effective ways.
An entrepreneur chooses an agricultural share, develops a plan for the development of the territory, For example, cottage village. The formed plan is approved by the Regional State Administration. Then the developer agrees with the owner to change the purpose of the territory.. Plot from agricultural to recreational. From now on it can be sold.
Mena – this is a legal form of transfer of rights to shares even with the current moratorium. Purpose, standard cost and area of plots, involved in the transaction, play no role. An agricultural share with an area of under one hundred hectares can easily be exchanged for land for another purpose within the framework of the law. By the rules of exchange, the state will require to register and certify the transaction with a notary. There are no requirements for the location of plots in the official legislation.. Land, located in Odessa, can participate in an exchange transaction with a share from any other settlement of the country.
If a farmer leases state land, he can always get ownership of it. As soon as the land is officially transferred to a private person, its purpose will change. Now the wording will sound like this: “for farming”. The land share can be safely alienated. Ukrainian citizens have the right to enter the received land into a farm after privatization and then dispose of it at their own discretion.
Many share holders still do not know to whom to sell agricultural land. The local administration has the right to purchase a land share., farmers or agricultural companies working on it. Also, entrepreneurs can purchase agricultural land for the construction of commercial or residential real estate.. But in this case, the owner will have to seek in the regulatory authorities to change the purpose of the land..
The boundaries of the site often do not have strict outlines., the process of determining them can provoke a controversial situation, which will rise to litigation with equity holders. To rule out these problems, you must first contact the Land Survey Committee, conclude an agreement with a verified real estate office. A professional geodetic service will determine the boundaries of the site and draw up an official report. After carrying out geodetic works, you can begin the procedure for selling the plot, but it is advisable to communicate your decision to equity holders.
Most experts believe, that the need to lift the moratorium is long overdue. This restriction prohibits a citizen from disposing of his own property., thereby violating the provisions of the European Convention. The market must earn, but it should be run wisely. Sales rules must be transparent and fair for everyone.
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During the first two years after the start of the large-scale invasion, the real estate market in Ukraine experienced temporary stagnation, however, he quickly began to adapt to the current circumstances, forming new priority areas.
With the beginning of a full-scale invasion 24 February 2022
in 2023 about a year 50% apartments, acquired
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