Key changes in land use registration

The Law of Ukraine № 340-IX “On Amendments to Certain Legislative Acts of Ukraine on Combating Raids” changed the peculiarities of regulating public relations related to land use, namely the right to lease, emphyteusis and superficies.

These changes were made in the regulation of land use relations, as well as the state registration of such right of use.

Thus, one of the novelties in the field of state registration of real property rights and their encumbrances from July 16, 2020 is the reflection in the State Register of Real Property Rights information about the price (value) of real estate and real rights to it or the amount of payment for use real estate under the relevant transactions.

In addition, the number of registration actions currently carried out by state registrars of rights has been minimized, and relations concerning the use of land plots have been improved in terms of their extension (prolongation).

In particular, as explained in the Ministry of Justice, the changes include:

  • enshrining in the legislation of two types of contracts of use: the contract of use for a definite term and the contract of use for a definite term with the condition of its renewal;
  • for use agreements, the validity of which has expired and which are not updated using the software of the State Register of Rights, the mechanism of the preemptive right to enter into a new use agreement (Article 33 of the Law of Ukraine "On Land Lease");
  • termination of the right of use in connection with the expiration of the relevant agreement, including in connection with the refusal of one of the parties to the agreement to renew it, as well as updating with the software of the State Register of Rights (Article 26 of the Law).

Of course, based on the provisions of Article 5 of the Civil Code of Ukraine, these changes in the relationship of use primarily apply to new relationships, but in terms of existing agreements, including leases should be noted that in accordance with amendments to Section IX "Transitional Provisions" of the Law of Ukraine "On land lease", lease agreements of land plots of private property, as well as land plots of state or communal property, on which buildings, constructions owned by the lessee are located, concluded before the entry into force of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on counteraction to raiding ", in case of their extension (conclusion for a new term) must contain the conditions provided by Article 33 of this Law and Article 126-1 of the Land Code of Ukraine.

The rules set forth in Article 126-1 of the Land Code of Ukraine on renewal of land lease agreements apply to land lease agreements concluded or amended after the entry into force of Law № 340-IX, and renewal of land lease agreements concluded before the entry into force of this Law 7 is carried out on conditions specified in such agreements, according to the rules in force at the time of their conclusion.

Thus, starting from July 16, 2020, when resolving issues related to the extension (conclusion for a new term) of existing land lease agreements, the parties to such an agreement must determine the conditions provided for in Article 33 of the Law of Ukraine "On Land Lease" and Article 126-1 of the Land Code of Ukraine, ie, on the condition of prolongation, as well as on the preemptive right to enter into a new contract in case of expiration of the previous contract.

At the same time, it is premature for some parties to the agreement to submit applications for exclusion from the State Register of Rights of information on the renewal of the agreement in view of the above.

Finally, the changes affected the calculation of the term of land use agreements.

We draw your attention to the fact that the validity of land use agreements concluded after January 1, 2013, begins from the date of conclusion of such an agreement. The term of land lease agreements concluded before January 1, 2013 depends on whether such a contract was registered with the competent authorities (if the contract was registered, the term begins on the date of state registration of the contract. If the land lease agreement. plot, concluded before January 1, 2013, has not passed the procedure of state registration, the course of the period begins from the date of conclusion of such an agreement).

At the same time, the amendments stipulate that the validity of land use agreements will be calculated by the software of the register. The state registrar of rights will only need to enter information about the date of the contract and its term. The software of the State Register of Rights in this part is in the final stage of completion, so in the near future the state registrars of rights will have a full opportunity to enter the relevant information.

Read 389 times