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According to the Land Code, a land plot may be used only in accordance with its designated purpose. Violation of this condition may lead to deprivation of rights to the land plot. Therefore, often the only way to use it according to one’s needs is to change its designated purpose. This procedure is regulated by the Cabinet of Ministers’ Resolution “On approval of the Procedure for changing the designated purpose of lands owned by citizens or legal entities”.
The authority that makes the decision to change the designated purpose depends on the location of the plot. Such a decision regarding a plot located within city limits is made by the settlement, city, or village council. For all other plots the decision is made by the district state administration.
For changing the designated purpose of a land plot the applicant submits the following documents:
- An application to change the designated purpose. This document must indicate the cadastral number of the land plot, the current and desired designated purposes, and the reason for changing the designated purpose.
- A copy of the passport and identification code.
- A copy of the certificate of state registration and a certificate from statistics (for a legal entity).
- A copy of the title document.
The authority that accepted the application for consideration either issues a reasoned refusal or permits the start of preparing the land allotment (land transfer) project.
If the designated purpose of part of the plot is changed, a new land allotment project is prepared on the basis of this permission and sent for approval. When the designated purpose of the entire plot is changed, the old land allotment project is sent for re-approval.
Land management projects are agreed or re-agreed with the land resources authorities, the architecture authorities, the sanitary-epidemiological service, the cultural heritage protection authorities, and also undergo state land management expertise.
Upon receiving a positive conclusion, the documents are submitted to the appropriate authority to make a decision on changing the designated purpose of the plot and to issue a state act with the new designated purpose.
The above-described procedure involves visiting many offices, where refusals are very common, and one often has to start the process anew. To simplify and speed up the procedure, it is better to seek the help of specialists. Our staff will be happy to help you at any stage of the process of changing the designated purpose of a land plot.