Assignment of rights under a land lease agreement
A lease agreement implies the transfer of land for a fee from the owner, that is, the lessor, to the lessee for temporary possession and use. The right to dispose of the land plot remains with the owner.
The lease relations envisaged by a land lease agreement are civil-law in nature, and therefore the main terms of a land lease agreement are regulated by the Civil Code. The specifics of the agreement are regulated by the Land Code and the Law of Ukraine “On Land Lease”.
Lessors can be not only legal entities and individuals, but also executive authorities and local self-government bodies. The rent is set by the lessor independently. However, the amount of the fee charged for the use of land plots of state or communal ownership is set at the legislative level. You can lease a land plot for a term not exceeding 50 years.
According to amendments to Ukrainian legislation, since October 2009 everyone wishing to obtain the right to lease a land plot without buildings, located in communal or state ownership, can do so only through land auctions. Executive authorities or local self-government bodies, within their powers, issue permission to lease a land plot based on the auction results.
The right to lease a land plot used for servicing residential and non-residential buildings can be obtained if the ownership right to the corresponding houses and buildings is registered.
It is important to know that foreign companies, as well as Ukrainian legal entities with foreign investments in their authorized capital, cannot acquire ownership of agricultural land, and to purchase land of another designation in communal or state ownership requires permission from the Cabinet of Ministers of Ukraine. Therefore, foreigners can only lease a land plot for their needs.
Our company provides services at all stages of arranging land plot leases. Our staff will help you prepare the technical documentation, the land allocation project, and obtain permissions from the relevant authorities.
To start work on arranging the lease, you must provide:
- a copy of the passport and identification code;
- a copy of the certificate of state registration and a statistical certificate (for a legal entity);
- a copy of the decision to transfer the land for lease.