On the legal difficulties ROW





15.10.2010 12:44
Articles about real estate | On the legal difficulties ROW Leo Tolstoy once said that the land, like air and sunshine - all the property, and therefore can not be the object of someone else's property. In the middle of the XIX century, this thought was fair and revolutionary, given the unavailability of land for those who worked with them.

The Bolsheviks understood the idea of a classic wrong, making the land public property, but the state - its own. As a result, the land belonged to like and all the while to anyone. And the earth needs a master who would love to her, and collect the fruits of their labors. After all, the price of the land know only those who loved her.

But even today, to become an owner of land in Ukraine is not easy enough - you need to go through a lot of protracted procedures and thresholds upholster any office. And the money will have to spend a lot to get the coveted state document that confirms ownership of the land.

It is for this reason that many citizens who have long owned and used the land to this day not been registered ownership of the land.

And not having to hand state certificate to the ground, it can neither sell nor leave, nor to rent. The procedure for registration of land ownership rather long and complicated. We will explain the nuances of the ROW: start with the stage of obtaining the rights to develop the project ROW and complete the City Council for permission to transfer land ownership. Order of receipt of the state certificate and assign inventory numbers will devote the next article.

For the project to run is not necessary
Before you begin the fight for ownership of land, it is necessary to determine who is the owner or manager of the longed-land. To know who to call. The fact that the manager of land within the village is a local council, outside - the local public administration. The problem is that not all settlements have master plans, and thus determine the location of the land can be difficult.

Suppose the earth is in the city. You need to contact the City Council with a statement about getting the rights to develop the project ROW and a package of documents.

Act of 05.11.2009, № 1702-VI «On amendments to some legislative acts of Ukraine on simplification of the procedure for acquiring land rights, which entered into force on 10 December 2009, greatly simplified the procedure for obtaining authorization for the privatization of land, or getting it in use. Previously, wishing to obtain land within the entitlement to the drafting of ROW needed to obtain a significant number of individual approvals from various government officials.

Namely: in land management, urban planning and architecture, sanitary, environmental and cultural heritage authorities. Now just do not need it. Negotiate issues should a single panel, comprising specialists from all of the above departments. However, experience shows that local officials wanting to delay the process and cause the applicant to the bribe attempt to do everything on the old scheme and send the person in all these rooms.

You should understand that since last year the applicant need only apply to the local council with the application and necessary documents. In a statement (Form which usually hangs on the wall in the corridor of land management and urban development of the local council) must specify the purpose of the site, its approximate size. If you want to get in posleduyushem state certif free, you must specify only one of several targeted purpose of the land.

According to the decree of the Cabinet of 05.08.2009 № 44 and from 21.10.2009, № 1112, registration and issuance of the citizens of state certificate of land for construction and maintenance of residential houses and commercial buildings, conducting a personal farm within settlements and gardening reference in limiting the amounts of certain art. 121 of the Land Code of Ukraine, issued free of charge.

Difficulties ROW
In Managing land is exactly thirty days to review the application and address the issue of land allocation. To refuse permission for the development of the project land acquisition authority can only be based on the location of the mismatch of land requirements of the laws adopted on the basis of their regulations, as well as most of these master plans of settlements, other planning documentation.

The problem at this stage is that usually the local council to delay the solution of the problem by simply ignoring it and not putting on the agenda of the sessions. In case explicit delays in the process must apply to the court claim. Obligate the local council to start the procedure ROW court can not, it is not within its competence. Require the court to oblige the council to include the ROW on the agenda.

After receiving permission to appeal to any organization that is engaged in development projects, land acquisition. Relationships with such companies should be governed by the contract, the form and content of which is approved by the Decree of the Cabinet from 04.03.2004 № 266. It should be understood that the contract is standard and the parties can not derogate from its essential terms that are approved by the government.

Therefore forced to conclude a contract, whose contents differ from the developed Cabinet, no land management organization has no right (according to art. 179 Commercial Code).

Incidentally, the Model Treaty does not provide project development time - it is agreed by the agreement of the parties. Then the project ROW in six copies and an application must be submitted to the Land Administration of the local council, who shall transmit it to the Commission.

The Commission, according to the Government Decree the Model Regulations on the Commission, may adopt one of three decisions:

* Harmonization Project with respect to land allotment of land (with privatization or provision of sites in use);

* On the harmonization of the location of the object location (for the withdrawal or purchase of land for public purposes or for reasons of public necessity);

* Refusal to harmonize the documentation of Land Management (with comments from members of the Commission).

With regard to the latter conclusion, it should be noted that, despite the fact that the Commission is a collegial body, the presence of observations at least one of the members makes it impossible to get a positive response. Commission within three weeks from the date of receipt of the draft gives the local state administration or local council its opinion on the draft agreement or refusal to harmonize. In case of failure to agree on the draft is returned to the applicant.

If the project is relatively land allotment of land is subject to mandatory state review of land management documentation, the agreed draft submitted by the Commission to the appropriate body of land resources for the implementation of such a review. If the Commission adopted the first of three decisions, coordinating the project ROW, then the local council or the local administrations do not have the right to deny permission to land acquisition.

According to Article 9 pm. 118 of the Land Code, local government or local councils have exactly two weeks from the date of receipt of an agreed draft ROW (if necessary implement mandatory state examination of land use records by the law - by obtaining a positive conclusion of such examination) for a decision on approval of project land allocation and provision of land in the property. According to part 10 of Article. 118 of the Land Code, non executive authority or local authority in the transfer of land ownership or abandonment of the application without consideration may be appealed in court.
The End is not close ...

Authorizing the transfer of land ownership does not mean that you are its rightful owner. Land ownership is confirmed only state certificate to the ground. So, got my hands on the Council's decision to transfer land ownership to go to the management of the State Committee appropriate settlement to give the land plot cadastral number and get to the ground state certif.

Free transfer of land ownership by citizens in case of privatization of land plots owned by citizens, receiving land as a result of privatization of public utilities and agricultural enterprises, institutions and organizations receiving land from the lands of state and municipal property within the limits of free privatization, defined by the Land Code. Norms of free transfer of land plots to citizens defined art. 121 of the Land Code.

The procedure for obtaining the same will take a little time. However, this will be discussed in the next issue of "Judicial and legal newspapers."
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