According to Articles 3 and 4 of the Law of Ukraine “On Land Leasing”, objects of lease are land plots owned by citizens, legal entities, communal or state property. Lessors of land plots are citizens and legal entities that own land plots, or persons authorized by them. This is reported by the information resource of the portal of the Center for the provision of free legal aid legalaid.gov.ua.\u00a0\u00a0<\/p>\n
According to Part 3 of Art. 22 of the Land Code of Ukraine, agricultural land is transferred to the ownership and provided for use by citizens for personal farming, gardening, gardening, haying and grazing, commercial agricultural production, farming.<\/p>\n
According to the provisions of Article 35 of the Land Code of Ukraine, citizens of Ukraine have the right to acquire free-of-charge ownership or lease land plots for individual or collective gardening from state and communal land.<\/p>\n
According to the provisions of Article 33 of the Land Code of Ukraine, land plots intended for personal farming can be transferred by citizens to legal entities of Ukraine and used by them for commercial agricultural production and farming without changing the purpose of these land plots.<\/p>\n
According to Part 5 of Article 20 of the Land Code of Ukraine, agricultural land plots are used by their owners or users only within the limits of land use requirements for a certain type of use.<\/p>\n
Thus, citizens and legal entities (agricultural, farms) can lease agricultural lands from private individuals and use them exclusively for the following types of use: for personal farming, gardening, vegetable gardening, haying and grazing, commercial agricultural production, farming, individual or collective gardening.<\/p>\n
Regarding the possibility of erecting structures on land plots by types of use<\/p>\n
According to Part 2 of Art. 36 of the Land Code of Ukraine on land plots provided for gardening, the establishment of perennial fruit plantations, as well as the construction of capital buildings and structures is not allowed.<\/p>\n
According to Part 3 of Art. 35 of the Land Code of Ukraine, plots of land intended for horticulture can be used for the establishment of perennial fruit plantations, cultivation of agricultural crops, as well as for the construction of the necessary houses, farm buildings, etc.<\/p>\n
According to Art. 5, 16 of the Law of Ukraine “On Farming”, citizens who have created a farm have the right to build housing in that part of the land plot provided for farming, from which convenient access to all production facilities of the farm is ensured. If the housing of members of the farm is located outside the settlements, then they have the right to create a separate farm estate, which is provided with a postal address. A detached farmstead is a plot of land with a residential building, household buildings, surface and underground communications, and perennial plantations located on it, which is located outside the settlement. For the arrangement of a separate homestead, the farm is provided with budget assistance for the construction of access roads to the farm, electric and radio telephone networks, gas and water supply systems.<\/p>\n
A farm has the right to build residential buildings, farm buildings and structures on land plots owned by it, its members, in accordance with the approved land planning documentation and town planning documentation in accordance with the procedure established by law.<\/p>\n
Construction on the leased plot of residential buildings, farm buildings and agricultural structures – the tenant agrees with the landlord.<\/p>\n
According to Art. 6 of the Law of Ukraine “On Personal Peasant Farming” property used for running a personal peasant farm includes land plots, residential buildings, farm buildings and structures.<\/p>\n
Regarding agricultural plots of land for other types of use, the legislation does not contain direct permits or prohibitions regarding the construction of buildings on them. At the same time, in accordance with the conclusions of the State Agency of Land Resources of Ukraine, set out in its letter No. 14-17-11\/1385 dated 22.02.2008, in the case of carrying out activities on a plot of land that correspond to its intended purpose, structures designed for such activities can be built on such a plot, subject to compliance with the requirements of legislation and construction standards, as well as subject to the consent of the lessor, provided for in the contract land lease.<\/p>\n
According to the State Classifier of Buildings and Structures DK 018-2000 (code 1271), agricultural, forestry and fishery buildings include: buildings for use in agricultural activities, for example, cowsheds, stables, pig pens, pens, horse farms, dog kennels, poultry farms, granaries, warehouses and outbuildings, cellars, distilleries, wine tanks, greenhouses, agricultural silos, etc.<\/p>\n
At the same time, according to Art. 25 of the Law of Ukraine “On Land Leasing” the lessee has the right only with the written consent of the lessor to erect residential, industrial, cultural and household and other buildings and structures in accordance with the procedure established by law and to plant perennial plantations, to carry out the construction of water management facilities and melioration systems in accordance with the procedure established by law with the written consent of the lessor.<\/p>\n
Thus, with the written consent of the lessor, the lessee may erect structures and buildings of agricultural purpose on the leased land plot for agricultural purposes, for carrying out agricultural activities in accordance with the type of use of such land plot, except for cases where this is expressly prohibited by law (for example, on land plots for gardening). Only in cases established by law, non-agricultural buildings may be constructed on land plots for agricultural purposes (for example, residential buildings on land plots for a personal peasant or farm).<\/p>\n<\/p>\n
Source: www.legalaid.gov.ua<\/p><\/p>\n","protected":false},"excerpt":{"rendered":"
According to Articles 3 and 4 of the Law of Ukraine “On Land Leasing”, objects of lease are land plots owned by citizens, legal entities, communal or state property. Lessors of land plots are citizens and legal entities that own land plots, or persons authorized by them. This is reported by the information resource of […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-252329","post","type-post","status-publish","format-standard","hentry","category-bez-katehorii"],"yoast_head":"\n