The main administration of the DPS in the Kherson region, the Autonomous Republic of Crimea and the city of Sevastopol informs that the conclusion of the land lease agreement is carried out:

1. Regarding privately owned lands:

– with the consent of the lessor and the person who has the right to acquire the right to lease such land plot; 

2. Regarding lands of state or communal ownership:

– on the basis of the decision of the relevant executive authority or local self-government body – the lessor, or according to the results of the auction; 

– on the basis of a civil law contract or in the order of inheritance. 

The essential terms of the land lease agreement are:

– object of lease (cadastral number, location and size of the land plot); 

– the date of conclusion and term of validity of the lease agreement; 

– rent with an indication of its amount, indexation, method and conditions of calculations, terms, order of its introduction and review, responsibility for its non-payment, as well as other conditions established by agreement of the parties. 

If the contract does not contain at least one of the specified essential conditions, in the future it may be recognized as not concluded in a court of law. 

If the land lease agreement provides for the implementation of measures aimed at the protection and improvement of the leased object, an agreement to reimburse the lessee for the costs of such measures is attached to the agreement. 

Other conditions can be specified in the land lease agreement only with the consent of the parties. 

A plot of land under a land lease agreement is considered transferred by the lessor to the lessee from the moment of the state registration of the right to lease in the State Register of Real Property Rights. 

Changing the terms of the land lease agreement is carried out by mutual agreement of the parties in writing by concluding an additional agreement. 

In the event of failure to reach an agreement on changing the terms of the land lease agreement, the dispute shall be resolved in court. 

Source: Main Directorate of DPS in Kherson region