What You Need to Sell a Plot of Land: Tips and Precautions

Land reforms are being actively implemented in Ukraine. Citizens have gained the ability to freely dispose of their land plots, including selling them, which was previously impossible. Specialists at the Ukrainian Helsinki Human Rights Union’s office in Odesa discussed current reforms in land legislation, how to buy and sell agricultural land, what documents are required, and the specifics of concluding land sale agreements.

Phased Reform of the Land Market

The first phase of land reform began on July 1, 2021. The moratorium that had been in effect since March 1992 was lifted, and the sale of land in Ukraine was permitted. As a result, Ukrainian citizens (individuals) were able to purchase up to 100 hectares.

On January 1, 2024, the second phase of land reform began: land plots can be purchased not only by individuals but also by legal entities, and the maximum ownership limit has been increased from 100 hectares to as much as 10,000 hectares.

What Types of Land Are Classified as Agricultural Land

Agricultural land is defined as land allocated for the production of agricultural products, the conduct of agricultural research and educational activities, the placement of relevant production infrastructure, including infrastructure for wholesale agricultural product markets, or land designated for these purposes.

Agricultural land includes:

• agricultural land (arable land, perennial plantations, hayfields, pastures, and fallow land);
• non-agricultural land (farm roads and rights-of-way, field-protection forest strips, and other protective plantings, except those classified as other categories of land; land under farm buildings and yards; land occupied by infrastructure for wholesale agricultural product markets, land occupied by biomethane production facilities that are part of complexes for the production, processing, and storage of agricultural products, land temporarily set aside for conservation, etc.).

What Is Required to Sell a Land Plot

First, the land plot must be physically demarcated (on-site) and assigned a corresponding cadastral number. And, of course, a properly documented title to this land plot is required for the sale.

The documents required to sell a land plot vary on a case-by-case basis. An indicative list might look as follows:

• Ukrainian passport;
• certificate of residence registration (if the passport is in card form);
• RNOKPP (identification code);
• documents confirming ownership of the land plot (these may include a state certificate of ownership of the land plot, a certificate of inheritance, a certificate of ownership of the land plot, an administrative order, etc.);
• a notarized consent from one spouse to sell the land plot, if it was acquired during the marriage;
• an emphyteusis land lease agreement (if applicable);
• an extract regarding the land plot from the State Land Cadastre —this can be ordered online on the State Geocadastre website or at the Administrative Services Center (ASC) where the land plot is located;
• regulatory monetary valuation of the land plot;
• a report on the expert monetary valuation of the land plot—the landowner orders this from a certified appraiser. The amount of taxes paid by the seller depends on this valuation. By law, the tax on income from the sale of a land plot is determined based on the price specified in the purchase and sale agreement, but it cannot be lower than the expert monetary valuation of the land plot. Additionally, until January 1, 2030, the sale price of agricultural land plots (land shares) cannot be lower than their regulatory monetary valuation.

What You Need to Buy a Land Plot

An indicative list of required documents might look like this:

• Ukrainian passport;
• certificate of residence registration (if the passport is in card form);
• RNOKPP (identification code);
• a document confirming officially reported income;
• notarized consent from one of the spouses for the purchase of the land plot, etc.

In addition, the parties will need a bank account to conclude the transaction. Payment will be made electronically and only if the buyer provides documents confirming the sources of the funds or other assets used to purchase the land ownership rights.

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How to Enter into a Contract for the Sale of an Agricultural Land Plot

A contract for the sale of a land plot must be in writing and notarized.

First, you should select a notary to certify the contract. The choice of notary is agreed upon by the parties to the contract. However, it is important to note that the notarization of real estate purchase and sale agreements takes place at the location of the property or at the place of residence (place of registration) of one of the parties to the agreement.

Next, the parties must agree on the purchase price, as well as the allocation of costs for the notary’s services and taxes associated with the execution of the contract. 

You should also check the land parcel by its cadastral number in the Unified State Register of Court Decisions. This will allow you to determine whether ownership of the land plot has been disputed, whether there are any boundary disputes, whether it is under seizure, and whether it has been mortgaged.

Only then can you contact a notary to execute the contract. Once the contract is executed and signed, the details of the contract will be entered into the State Register of Real Property Rights.

Can You Sell a Portion of a Land Plot?

Yes, it is possible. The owner may make this decision, but under certain conditions. The sale of half, one-third, or other fractions of the plot requires the notarized consent of each co-owner. By law, they have the right of first refusal.

Can a leased land parcel be sold?

Yes, but the tenant has the right of first refusal to purchase agricultural land. The owner must notify the tenant in writing of the intention to sell the plot, specifying the price. You must keep a copy of the postal notification confirming the recipient’s receipt of the registered letter or a copy of the letter bearing the tenant’s signature confirming receipt of the notice and the date.

The tenant may immediately waive this right in writing, in which case the transaction can be completed quickly. The tenant has one month to make a decision; after that, the land may be sold. If the tenant remains silent, the transaction may proceed 31 days after the date the tenant received the notice. The documents must be submitted to a notary.

Can a land parcel be sold without the owner being present in person?

Yes, this can be done by power of attorney. If the landowner is absent, the purchase and sale agreement is executed on their behalf and in their best interests by an authorized representative. 

The legal basis is a power of attorney certified by:

• by a Ukrainian notary in any region of Ukraine on a blue form with entry into the register of powers of attorney;
• an official Ukrainian diplomatic mission abroad (consulate or embassy);
• a foreign notary, with a mandatory translation and apostille.

The Odessa Public Reception Office of the Ukrainian Helsinki Human Rights Union (UHHRU) provides legal assistance to war victims with the support of the U.S. Agency for International Development (USAID Ukraine) “Human Rights in Action” Program, which is implemented by the Ukrainian Helsinki Human Rights Union. 

Юлія Лісова, Артем Таукач