To carry out the procedure of dividing the land by law, to protect yourself and the buyer, pay attention to the information below.
Related article: Earth will be virtually impossible to sell within five yearsThis instruction can be used in cases, if:
You and your neighbor in the house own a single land plot in equal shares, and plan to allocate your shares in kind so that everyone has their own documents for the land;
Your relationship with a neighbor has reached a dead end and you are forced to divide your site through a court;
You own a commercial real estate, use the land on a leasehold and are going to sell part of the property on this site.
First about the laws
The procedure for the division of land is regulated by the Land Code of Ukraine, the Laws of Ukraine "On Land Management", "On the State Land Cadastre", "On the Regulation of Urban Development Activities", "On Land Lease", and the Decree of the Cabinet of Ministers of Ukraine "On Approving the Procedure for Maintaining the State Land Cadastre ". The city councils of Kharkiv, Dnipro, Lviv, Vinnitsa, Odessa and other cities are governed by the Law of Ukraine "On Local Self-Government in Ukraine", and Kiev is further guided by the "Procedure for Acquiring Rights to Land from Communal Property Lands in Kyiv" approved by the Kyiv City Council on 20.04. 2017 No. 241/2463.
It is possible to divide the land plot if it has the right of ownership (use), and there is a title deed (state certificate, certificate, lease agreement or information certificate from the state register of real rights).
The division of the land (as well as the association) can be formalized by the development of technical documentation on land management. However, for the development of such land management documentation, a foundation is necessary.
Step 1: Making the base for the partition of the earth
The basis for partitioning the land can be:
the notarial application of the owner to the division of the land plot, in the case when the owner (or co-owners) wish to divide the land plot into several, without allocating its shares in kind. At the same time, the shares of the co-owners are proportionally preserved in all newly-established areas;
an agreement on the division of property drawn up from a notary - in case co-owners (spouses, relatives, etc.) voluntarily want to allocate their shares in kind. To compile it, you will first need to obtain an extract from the GZK (the so-called "Vityag z DZK");
the court's decision to divide the plot (property), which is valid, and together with the land partition scheme, which can be preliminarily compiled by a forensic expert;
the decision of local government or state authorities on the division of land, if the land is leased or permanently used.
Having the basis for the development of land management documentation, you can contact the land management organization that has certified land engineers and the necessary geodetic equipment (GPS equipment and total stations) in your state, conclude a contract for the execution of works and order the development of technical documentation for the section or consolidation of land plots.
Step 2: Development and coordination of technical documentation
The land management organization creates technical documentation on land management and digital exchange XML-file of your plots, and then adds them to the national cadastral system in the territorial organ of the State Geodagadastre.
As part of the documentation will be developed:
plan for the division of land;
cadastral plans for new sites;
Acts of reception of transfer of boundary marks (which you will need to sign with neighbors).
The process of signing the acceptance and transfer of landmark signs usually occurs in conjunction with the removal of the boundaries of the land plot on the ground (this is when the surveyors use the special instruments to determine the coordinates of the turning points of your site and clog the pegs in these places).
To do this, you need to notify the neighbors:
Individuals are notified by submitting an advertisement to a regional newspaper specifying the date and time of geodetic work (the date of removal in the announcement must be indicated no earlier than 5 working days after the announcement)
legal entity by mailing a registered letter with a notice (if your site is divided by a court decision, in which case you do not need to sign borders with a neighbor with whom you have been sued).
And if you use the site on the right of lease, then in addition to signing the boundaries, it is necessary to agree technical documentation with the local government or state authority (for state-owned land plots that are in constant use).
Find out the cost of developing technical documentation for your land and proceed to the next step.
Step 3: Registration of sites in the cadastre
Registration of land plots is conducted by the state cadastral registrar in the territorial department of the State Geodagadastra. To do this, it must submit the original of the technical documentation with a disk on which will be written a scan copy of the technical documentation in PDF-format and a digital exchange XML-file.
You can submit documentation to the State Geodetic Inventory only by contacting the TsNAP-Center for the provision of administrative services (in your area). Most of the CNAPs are located in the district state administrations, but there are those that are in separate premises, for example:
in Kiev - Dneprovskaya embankment, 19-b;
in Lviv - Market Square, 1 (entrance from the Town Hall);
in Odessa - st. Preobrazhenskaya, 21;
in Kharkov - the Gymnastic Embankment, 26;
in the Dnieper - Dmitry Yavornytsky prospect, 75;
in Vinnitsa - TsNAP "Transparent office" (Prospect Cosmonauts, 30).
Only the owner or the person by proxy can file documents. The state registration of a land plot is made within 14 days. After that the separated sections (or combined) will be displayed on the public cadastral map on the Internet - map.land.gov.ua, and in CNAP, you will be given the originals of extracts from the state land cadastre (the so-called "Vitya z DZK"). Registration is free of charge.
Technical documentation for sites that are in rent, or in constant use, must be approved in local government or government. The result of such approval will be the decision of the city (village / village) councils, or the order of the relevant state administration "About the approval of technical documentation on the division of land plots".
Step 4: Registration of rights in the unified register of real rights to immovable property and obtaining title documents for land
After receiving an extract from the SLC (Vityagu z DZK) it is necessary to enter information about your rights to the site in the register of rights. This you can do from the State Registrar at the centers of provision of administrative services (TSNApah), in BTI or notary.
To register rights, you must submit the following package of documents:
an application for registration of a real right to a land plot;
a copy of the passport and identification number or registration documents of the legal entity;
receipt of payment of state fee;
a receipt for payment for receipt of an extract from the Unified Register;
an extract from the State Land Cadastre;
old title deed (state certificate or certificate);
original and notarized copy of the basis for the division of land (application, contract, decision);
decision or order of the local government or public authority.
State registration of rights to a land plot means entering data into the Unified State Register of Real Property Rights and their encumbrances. The result will be an extract from the Unified State Register. To date, these documents are analogous to state acts on land.
Is the process too complicated or does the information not match your case? Ask for advice: www.inger-grad.com
About the timing and cost
All the operations described in steps 1-4 are performed sequentially. The cost of performing such work depends on the number of newly formed sites.
the drawing up of an application for the division of a land plot costs an average of 300-500 UAH.
drawing up a contract on the division of property costs 1000-1500 UAH. The term is from 1 to 5 working days.
The services of surveyors, if a section plan is required to draw up a notarial application or contract, specifying the areas of newly formed plots, from 1500 UAH.
The cost depends on the complexity of the work (in rural areas it is easier to measure the site than in the city) and the land area, for example, cadastral surveying of a land plot of 5 hectares may cost 10 thousand UAH.
Services land management organizations to create technical documentation for the division of land can cost from 5 thousand UAH. up to 50 thousand UAH. depending on the area of the land and the region (urban or rural area). The term is from 2 to 4 weeks.
Services geodesists (in case of need to establish boundaries on the ground). The cost depends on the area of the land and the number of turning points, which must be taken from 2 thousand UAH. up to 10 thousand UAH. Term 3-5 working days.
Registration of a land plot in the state land cadastre and receipt of an extract from the GZK is free of charge. Term is 14 working days. But, if you were not registered from the first time, then the total term of registration can be delayed by several submissions for 14 days + the time needed to eliminate comments from the State Geodac.
The cost of the services of registrars in TsNAPs, BTIs or notaries each has its own, - the cheaper the registrar, the most expensive at the notary. Usually the cost of registering land rights with the state registrar costs 200 UAH for 14 working days (one site). At registration at the notary - up to 5 thousand UAH for 3 hours (one site).
Top 3 possible risks:
If the state authorities impose any restriction on the use of land, for example, the seizure of the property of the owner, then the division of the plot is impossible until the removal of restrictions or arrest;
The right of ownership or use to the site that you are going to divide must be registered in the state register of property rights, if this is not done at the beginning, it will be impossible to register the sites in the cadastre until information about your site is included in the register of rights;
Unreasonable refusals of cadastral registrars in the registration of land plots and unreasonable refusals by local governments and state authorities in granting permission for a section, in approving or approving documentation for a section.
There are also a number of minor risks. Urbanland.pm School teaches prevention and response to risks. Find out the dates of the nearest events Urbanland.pm.