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Preparation of land management projects

Preparation of land management projects

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Preparation of technical documentation

Establishing the boundaries of administrative-territorial entities

Land Inventory of all categories

Drawing up schemes for land management

Checking soil surveys

Making exchange files in XML

 

 

Land management project is a land management documentation, which is developed when registering the right of ownership or use (lease) of land, when changing the purpose of land, renting land, free privatization of land, preparation of land for sale at land auction, installation and change boundaries of administrative-territorial formations (villages, settlements, cities), organization and establishment of boundaries of nature reserve fund and other nature protection purposes, privatization of lands of state agricultural enterprises, institutions and organizations, organization of land shares (units), landscaping for urban needs , substantiation of crop rotation and land management, etc.

The basis for the development of the land management project is the application of the customer and the permission of the relevant local government to develop a draft allotment.

 

Content map (click on the title to go)

Land management projects that can be prepared by the "Western Ukrainian Expert Advisory Center" at the request of the customer:

Land management project for allotment of land plots

Land management project to establish and change the boundaries of administrative-territorial entities

Land management project for the organization and establishment of the boundaries of the nature reserve fund and other environmental purposes

Land management project for land privatization of state agricultural enterprises, institutions and organizations

Land management project for the organization of the territory of land shares (units)

Land management projects for landscaping for urban needs

Land management projects that provide ecological and economic justification for crop rotation and land management

 

 

Land management project for allotment of land plots

 

Land management project for allotment of land plots - is land management documentation, which is developed at the first registration of ownership or use (lease) of land, when changing the purpose of the land, etc. The basis for the development of the land management project is the application of the customer and the permission of the relevant local government to develop a draft allotment.

In accordance with the provisions of Art. 50 of the Law of Ukraine "On Land Management" the project of allotment of the land plot is one of the important stages of the order of registration of the property right to the land plot.

 

The land management project for the allocation of land is developed in the following cases:
  • allotment of land plots from state and communal lands;
  • changes in the purpose of land;
  • leasing land plots from state or communal lands;
  • free privatization of land plots by citizens;
  • formation of a land plot as an object of civil rights;
  • sale of land plots of state and communal property to citizens and legal entities;
  • preparation of land plots for sale at land auctions

 

In accordance with the provisions of Art. 50 of the Law of Ukraine "On Land Management" land management projects for the allocation of land include:

  • tasks for the development of land management project;
  • explanatory note;
  • a copy of the application (statement) for granting a permit for the development of a land management project for the allocation of land (in case of formation and / or change of purpose of the land at the expense of state or communal lands);
  • decisions of the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the relevant executive body or local government on granting permission to develop a land management project for the allocation of land (in cases provided by law);
  • written consent of the landowner (land user), notarized (in case of redemption (withdrawal) of land in the manner prescribed by law), or a court decision;
  • materials of geodetic surveys and land management design (in case of land formation);
  • information on the calculation of the land area (in the case of land formation);
  • copies of title documents for real estate objects for construction objects, which according to the class of consequences (liability) belong to objects with medium and significant consequences, which are located on the land plot;
  • calculation of the amount of losses of agricultural and forestry production (in cases provided by law);
  • calculation of the amount of losses of land owners and land users (in cases provided by law);
  • the act of acceptance-transfer of boundary markers for storage (in case of formation of the land plot);
  • the act of transfer in kind (on the ground) of the boundaries of protection zones, sanitary protection zones, sanitary protection zones and zones of special land use regime in their presence (in case of land formation);
  • list of restrictions on the use of land;
  • copying from the cadastral map (plan) or other graphic materials, which indicate the desired location of the land (in the case of land formation);
  • cadastral plan of the land plot;
  • materials for transferring the boundaries of the land plot in kind (on the ground) (in the case of land formation);
  • materials of land management project approval.

 

The order of development of the project of the land management concerning assignment of the land plot:

Obtaining a permit for the development of a land allotment project

To obtain permission to develop a project for the allocation of land ownership, you must apply (application) to one of the following organizations:

  • local (village, city) council, if the land plot is located within the settlement;
  • district state administration, if the land plot is located outside the settlement;
  • regional department of the State Geocadastre, if the land plot is outside the settlement and belongs to the category of agricultural lands.

 

The relevant executive body or local self-government body within their powers within a month considers the application and gives permission to develop a land management project for the allocation of land or provides a reasoned refusal to grant it (Article 123 of the Land Code of Ukraine). One of the above organizations is obliged to consider the application and make a decision on granting permission to develop a project for the allocation of land. In this case, the application must also add:

  • copying from the approved general plan of the settlement or detailed plan of the territory (is publicly available and provided by the relevant local council at the request of interested persons);
  • copy of passport;
  • a copy of the identification number.

 

Preparation and approval of the land allotment project

After receiving the decision (order, instruction) with the permission to make the project of assignment of the land plot, you need to address to the corresponding land management organization in which staff certified engineers-land surveyors, engineers-surveyors work for the purpose of development and the coordination of the land management project. The project of land allotment is developed on the basis of the task approved by the customer, which is an integral part of the contract for the relevant works. Standard agreement on the development of a land management project for the allocation of land, approved by the Resolution of the Cabinet of Ministers of Ukraine № 266 of 04.03.2004.

The land management project developed by land managers is subject to approval in the following organizations:

  • local administration of the State Geocadastre;
  • local department of architecture and urban planning;
  • other organizations (bodies of forestry, water management, protection of cultural heritage, ecology, etc.) in some individual cases.

 

Registration of land in the cadastre (SLC)

State acts on land ownership are no longer issued. With entry into force Law of Ukraine "On State Land Cadastre" now the registration of land ownership takes place in two stages:

  • registration of the land plot directly in the State Land Cadastre (STC);
  • registration of land ownership in the district (city) registration service of the Ukrainian state register. To register a land plot in the land cadastre (LCS), the owner or his representative (for example, a land management organization) submits the following documents to the local state cadastral registrar (local department of the State Geocadastre):
  • the statement of the established sample;
  • agreed and approved land management project for the allocation of land;
  • special electronic exchange file (XML-file);
  • receipt of payment for the services of the registrar. Payment for registration of the land plot in DZK is cancelled. As a result of registration of the land plot in DZK, the state cadastral registrar assigns to the land plot cadastral number. After receiving the cadastral number, it is necessary to obtain an appropriate extract from the cadastre (DZK), which in the future will be the basis for registration of ownership of land.

 

Approval of the land allotment project

After receiving positive conclusions on the land allotment project from the above institutions and organizations, it is necessary to apply to the same local council (district state administration, regional department of the State Geocadastre), which granted permission to develop a land management project and get a decision on land management project. The said council (another body) is obliged to make a decision on its approval within 14 days after the submission of the agreed land management project.

If the land management project for the allocation of land is subject to mandatory state examination of land management documentation, the approved project is submitted by the Commission to the relevant body of land resources for such an examination in accordance with the law (see Law of Ukraine "On State Examination of Land Management Documentation").

 

Registration of land ownership in the registration service of the Ukrgovregister

To obtain a certificate (extract) of ownership of land you need to contact the registration service at the location of the land and submit the following package of documents:

  • the original decision of the local council on the approval of the land management project;
  • the original extract from the SCC on the registration of land;
  • copy of passport;
  • copy of identification number;
  • receipts for payment of registration services.

As a result of registration by the state registrar of the property right to the land plot the certificate and the extract from the State register of real rights to real estate is issued.

As a result of the work, the customer will receive a land allotment project, drawn up in accordance with the "Standard agreement on the development of land management project for allotment of land" in accordance with Resolution № 266 CMU of March 4, 2004 in paper form, in electronic form PDF and XML-file on a CD, agreed with the local government body and registered in the State Land Cadastre.

 

 

 

Land management project to establish the boundaries of administrative-territorial entities

 

Issues of establishing and changing the boundaries of administrative-territorial entities are regulated by Chapter 29 of the Land Code of Ukraine.

According to Article 173 of the Land Code of Ukraine, the boundary of a district, village, settlement, city, district in a city is a conditionally closed line on the surface of the earth that separates the territory of a district, village, settlement, city, district in a city from other territories.

The boundaries of the district, village, settlement, city, district in the city are established and changed according to land management projects to establish (change) the boundaries of administrative-territorial units.

Land management projects to change the boundaries of settlements are developed taking into account the master plans of settlements.

According to the norm of Article 46 of the Law of Ukraine "On Land Management" for the establishment or change of the boundaries of administrative-territorial units, land management projects are developed to establish (change) the boundaries of the respective administrative-territorial units.

Land management projects for the establishment (change) of boundaries of villages, settlements, cities are developed by the decision of the relevant village, settlement, city council.

The land management project to establish (change) the boundaries of the administrative-territorial unit shall be subject to approval by village, settlement, city, district councils, district state administrations, at the expense of the territory of which it is planned to expand its boundaries. In case of expansion of the boundaries of the settlement at the expense of the territory that is not part of the relevant district, or if the district council is not formed, the project is agreed with the regional state administration.

The decision to establish (change) the boundaries of administrative-territorial units is at the same time a decision to approve land management projects for their establishment (change).

Information on the establishment (change) of the boundaries of administrative-territorial units shall be entered into the State Land Cadastre. Information on the established (changed) boundaries of administrative-territorial units is indicated in the extract from the State Land Cadastre, which is issued free of charge to the relevant village, settlement, city, district, regional council.

According to Part 8 of Article 21 of the Law of Ukraine "On State Land Cadastre" information on the boundaries of administrative-territorial units are entered into the State Land Cadastre on the basis of land management projects to establish and change the boundaries of administrative-territorial units.

According to paragraph 8 of section VII of the Final and Transitional Provisions of the Law of Ukraine "On State Land Cadastre" information on the boundaries of administrative-territorial units, which were established before the entry into force of the Law of Ukraine "On Land Management", are entered into the State Land Cadastre. establishing the boundaries of village councils.

Information on the boundaries of administrative-territorial units, which were established before the entry into force of the Law of Ukraine "On Land Management", is entered into the State Land Cadastre on the basis of projects for the formation of territories and the establishment of boundaries of village councils.

 

 

 

Land management project for the organization and establishment of the boundaries of the nature reserve fund and other environmental purposes

 

Land management projects for the organization and establishment of boundaries of nature reserves and other environmental purposes, health, recreational, historical and cultural, forestry, water fund lands and water protection zones, restrictions on land use and their regime-forming objects are agreed in the mandatory order by the territorial body of the central executive body that implements the state policy in the field of land relations, and the structural unit of the relevant district or city state administration in the field of urban planning and architecture, and if the city is not part of a district - the executive body of the city council and architecture.

With regard to projects for which the boundaries of historical and cultural areas are established, the projects must be agreed with the structural unit of the relevant regional or city state administration in the field of cultural heritage protection.

In case of availability of territories or objects of nature reserve fund of national importance, lands of health, recreational purpose, lands of water fund and water protection zones, projects are subject to obligatory coordination with the territorial body of the central body of executive power implementing state policy in the field of forestry. , a territorial body of the central executive body that implements state policy in the field of water management development.

If there are territories or objects of the nature reserve fund of local significance, the projects are subject to coordination with the central executive body implementing the state policy in the field of environmental protection, structural subdivision of the relevant regional or city state administration in the field of environmental protection.

Land management projects for the organization and establishment of boundaries of nature reserves and other conservation purposes, forestry, water fund lands and water protection zones, restrictions on the use of lands and their regime-forming objects in the exclusion zone and the zone of unconditional (compulsory) resettlement , which was contaminated as a result of the Chornobyl catastrophe, are approved by the central executive body, which implements the state policy in the field of management of the exclusion zone and the zone of unconditional (compulsory) resettlement.

Land management projects for the organization and establishment of boundaries of nature reserves and other environmental purposes, health, recreational, historical, cultural, forestry, water fund lands and water protection zones, restrictions on land use and their regime-forming objects are agreed with the owners, users land plots that are included in the territory of nature reserve fund, other nature protection, health, recreational and historical-cultural purpose, forestry purpose, lands of water fund and water protection zones, restrictions on use of lands and their regime-forming objects without their removal, except for cases , when the restrictions are directly established by law or regulations adopted in accordance with it.

Land management projects on the organization and establishment of boundaries of nature reserves and other environmental purposes, health, recreational, historical and cultural, forestry, water fund lands and water protection zones, restrictions on land use and their regime-forming objects are approved by their customers.

 

 

 

Land management project for land privatization of state agricultural enterprises, institutions and organizations

 

Land management projects for the privatization of lands of state agricultural enterprises, institutions and organizations are approved by the decision of the general meeting of employees of these enterprises, institutions and organizations (other entities defined by law), the territorial body of the central executive body implementing state policy in land relations, and approved by district state administrations.

Land management projects for the privatization of communal agricultural enterprises, institutions and organizations are approved by the decision of the general meeting of employees of these enterprises, institutions and organizations (other entities defined by law), the territorial body of the central executive body implementing state policy in land relations, in district (city) and approved by the relevant village, town, city councils.

 

Land management projects for the privatization of lands of state and municipal agricultural enterprises, institutions and organizations include:

  • tasks for drafting a land management project;
  • explanatory note;
  • the decision of the relevant executive body or local government body on the privatization of land;
  • list of persons entitled to receive ownership of land share (share);
  • materials of normative monetary valuation of agricultural lands of the enterprise;
  • the scheme of distribution of lands of enterprises, institutions, organizations on lands that are transferred to private ownership and remain in state or communal ownership (forestry, water fund, reserve fund);
  • materials for calculating the value and size of the land share (share) in conditional cadastral hectares;
  • the scheme of division of agricultural lands subject to privatization into land plots;
  • materials of approval of the land management project established by Article 186 of the Land Code of Ukraine;
  • information on calculating the area of ​​the land plot;
  • cadastral plan of the land plot;
  • list of restrictions on the use of land;
  • materials for transferring the boundaries of land plots in kind (on the ground).

 

After approval of the land management project for the privatization of lands of state and municipal agricultural enterprises, institutions and organizations in the transfer of land boundaries in kind (on the ground) are joined by:

  • the act of acceptance-transfer of boundary markers for storage;
  • the act of transfer in kind (on the ground) of the boundaries of protection zones, sanitary protection zones, sanitary protection zones and zones of special regime of land use, if any.

 

 

 

Land management project for the organization of the territory of land shares (units)

 

Land management projects on the organization of the territory of land shares (units) are approved by the relevant village, settlement, city council and approved at the meeting by the majority of owners of land shares (units) within the lands owned (used) by such agricultural enterprise.

If necessary, land management projects for the organization of the territory of land shares (units) recalculate the size in conditional cadastral hectares and the value of the land share (unit).

The following are excluded from the area of ​​land plots subject to distribution:

  • degraded, unproductive, as well as man-made contaminated agricultural land subject to conservation;
  • wetlands;
  • lands on which explored mineral deposits of national importance are located, the reserves of which are approved in the manner prescribed by law;
  • land under protective forest strips;
  • land under water bodies;
  • lands under economic roads, runs, field roads;
  • lands that according to the law cannot be in private ownership;
  • land under buildings, structures, other real estate;
  • lands that are transferred to the reserve and reserve fund;
  • other non-agricultural lands.

 

Land management projects for the organization of the territory of land shares (units) are developed on the basis of the decision of the relevant village, settlement, city council on the allocation of land in kind (on the ground) to the owners of land shares (units).

Land management projects for the organization of the territory of land shares (units) include:

  • tasks for drafting a land management project;
  • explanatory note;
  • the decision of the relevant village, settlement, city council on the allocation of land in kind (on the ground) to the owners of land shares (units);
  • list of persons entitled to receive ownership of land share (share);
  • materials of calculation (if necessary - recalculation) of value and the size of the land share (share) in conditional cadastral hectares;
  • the scheme of distribution of land plots to owners of land shares (units);
  • information on the area of ​​land plots, cadastral plans of land plots that are being formed or information on which are entered into the State Land Cadastre, and a list of restrictions on their use;
  • materials of approval and approval of the land management project established by Article 186 of the Land Code of Ukraine;
  • materials for transferring the boundaries of land plots in kind (on the ground), formed according to the project.

 

After allocation of land plots (shares) to land owners (in kind) the following are attached to the land management project on the organization of the territory of land plots (shares):

  • the act of transfer in kind (on the ground) of the boundaries of protection zones, sanitary protection zones, sanitary protection zones and zones of special regime of land use, if any;
  • the act of acceptance-transfer of boundary markers for storage.

 

 

 

Land management projects for landscaping for urban needs

 

Land management projects for urban planning are developed within the neighborhood, neighborhood, other parts of the settlement and outside the settlement in order to form land plots on which the construction or reconstruction of real estate.

Land management projects for landscaping for urban needs are developed on the basis of the decision of the relevant village, town, city council or district state administration.

Land management projects for landscaping for urban needs include:

  • tasks for drafting a land management project;
  • explanatory note;
  • the decision of the relevant village, settlement, city council or the Council of Ministers of the Autonomous Republic of Crimea, regional or district state administration on the development of the land management project;
  • materials of geodetic surveys and land management design;
  • copies of title documents for real estate located on land, if the ownership of such objects is registered;
  • copies of title documents for land plots (if any);
  • list of restrictions on the use of land;
  • plan of organization of the territory for town-planning needs;
  • plan of boundaries of land use restriction zones (land plots);
  • materials of approval of the land management project established by Article 186 of the Land Code of Ukraine;
  • copying from a detailed plan of the territory.

 

In case of land formation, the land management project for landscaping for urban needs also includes:

  • information on calculating the area of the land plot;
  • cadastral plan of the land plot;
  • list of restrictions on land use;
  • the act of acceptance-transfer of boundary markers for storage;
  • the act of transfer in kind (on the ground) of the boundaries of protection zones, sanitary protection zones, sanitary protection zones and zones of special regime of land use, if any;
  • materials for transferring the boundaries of the land in kind (on the ground).

 

Land management projects for landscaping for urban needs are approved:
  • if the project provides for landscaping for urban needs of the territory located within the settlements - the relevant village, town, city councils;
  • if the project provides for landscaping for urban needs of the territory located outside the settlements - the district state administration, and if the district state administration is not formed - the Council of Ministers of the Autonomous Republic of Crimea, the regional state administration.

 

 

 

Land management project that provides ecological and economic justification of crop rotation and land management

 

Land management projects that provide ecological and economic justification for crop rotation and land management are developed at the request of landowners or land users in order to organize agricultural production and agricultural land management within land tenure and land use for effective agricultural management and environmental protection. and improving natural landscapes.

Land management projects that provide ecological and economic justification for crop rotation and land management determine:

  • placement of industrial buildings and structures;
  • organization of land tenure and land use with the allocation of crop rotation, based on environmental and economic conditions, the formation of engineering and social infrastructure;
  • determination of types and kinds of crop rotation taking into account the specialization of agricultural production;
  • drawing up of schemes of alternation of agricultural crops in crop rotation;
  • crop rotation field design;
  • development of a plan for the transition to acceptable crop rotation;
  • transfer to nature (on the ground) of the designed crop rotation fields.

 

The procedure for developing land management projects that provide ecological and economic justification for crop rotation and land management is established by the Cabinet of Ministers of Ukraine.

Land management projects that provide ecological and economic justification of crop rotation and land management are developed on the basis of concluded agreements between customers of land management documentation and its developers.

The land management project, which provides ecological and economic substantiation of crop rotation and land management, includes:

  • tasks for drafting a land management project;
  • explanatory note;
  • documents confirming the area of ​​land tenure (land use);
  • materials of geodetic and land management surveys;
  • soil survey materials (if available);
  • copies of agrochemical passports of fields, land plots (in the presence of such passports) in case of implementation of crop rotation measures under the project;
  • materials of the field history book for the last three years (if any);
  • materials of approval of the land management project established by Article 186 of the Land Code of Ukraine;
  • a plan of the current state of land use in terms of land tenure and land use, land, restrictions and special conditions of land use;
  • layout of crop predecessors (in case of implementation of crop rotation measures under the project);
  • plan of agricultural groups of soils and slope steepness;
  • plan for the organization of land tenure (land use), land management, location of industrial buildings and structures, engineering and social infrastructure and land protection measures;
  • plan of organization of crop rotation territory (design of crop rotation fields with determination of their types and species taking into account specialization of agricultural production, alternation of agricultural crops in crop rotation) (in case of implementation of crop rotation measures under the project);
  • materials of transfer to nature (on the ground) of the designed crop rotation fields (in case of implementation of the project on the organization of crop rotation);
  • materials of transfer in kind (on locality) of borders of land lands (in case of realization under the project of change of land lands).

 

Land management projects that provide ecological and economic justification for crop rotation and land management are not subject to approval and are approved by the customers of such projects.

 

Necessary documents to order a land management project:

  • A copy of the decision of the city council on the allocation of land.
  • A copy of an identity document.
  • Copy of tax identification number.
  • If the application is submitted by a representative: a power of attorney for the customer's representation and an identity document of the representative.
  • Legal documents for buildings and structures (if any) or in the application.

 

 

 

 

 

Terms of service

The approximate time for making land management projects is up to 180 days. The exact dates will be calculated at the time of application, taking into account the type of project, the scope of the study and the current workload of specialists.


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