What will happen to your land if you have not privatized it

It was possible to register land until January 1, 2025, but last year the deadline was extended for another 3 years. So, you have to register a land plot by January 1, 2028, so that it is not taken away from you.

LESHCHENKO & PARTNERS partner and attorney-at-law Anastasiia Blindu said in a comment to Channel 24 that the Law of Ukraine “On the Procedure for Allocation of Land Plots in Kind (on the Ground) to Owners of Land Shares (Units)” No. 899-IV defines the organizational and legal framework for allocating land plots in kind to owners of land shares.

These plots must be allocated from land owned by collective agricultural enterprises, agricultural cooperatives, and agricultural joint stock companies on the basis of collective ownership.

The law also defines the procedure for the exchange of these land plots, the specifics of land disposal and the use of land remaining in collective ownership after the distribution of land plots among land share owners.

“The said law, as amended on March 31, 2023, provided that all rights to land shares (units) had to be registered by January 1, 2025, otherwise such persons would lose any rights to such land shares (units). This period was extended and today the following rules apply to such land plots in the wording of the Law of Ukraine “On the Procedure for Allocating Land Plots in Kind (on the Ground) to Owners of Land Shares (Units)” No. 899-IV of October 8, 2024,” said Blyndu.

According to the lawyer, Article 13 of the said Law stipulates that if the owner of an unclaimed land share or his/her heir has not registered the ownership of the land plot by January 1, 2028, he/she is considered to have refused to receive the land plot.

Can your non-privatized land be taken away?

According to the lawyer, after its formation into a land plot by a decision of the relevant village, town or city council (if necessary), an unclaimed share is transferred to the communal property of the territorial community on whose territory it is located, based on a court decision, in the order of recognizing the property as ownerless.

Article 141 of this law stipulates that the distribution of land shares between the owners of land shares and their heirs of the land remaining in collective ownership after the distribution of land plots must be made by January 1, 2028.

According to the lawyer, the said lands are transferred to communal ownership in the procedure of recognizing the property as ownerless.

Can the term for registering a share be extended

However, if the owner of an unclaimed land share or his/her heir misses the deadline for registration of ownership of a land plot for a valid reason, the court may determine an additional period sufficient for such registration.

Anastasiya Blindu notes that in the absence of collectively owned agricultural land, such a land share may be allocated in kind (on the ground) at the expense of communal land reserves of the relevant territorial community (if such land is available).

Please note! At the same time, within 7 years from the date of state registration of communal ownership of a land plot formed from an unclaimed share, it is prohibited to transfer it to private ownership (except for transferring it to the owner of the unclaimed share or his heirs). Therefore, in order to avoid losing their rights to such land plots, land share owners should register their rights in accordance with the established procedure.