Rada passed a law on linking real estate to land
The Verkhovna Rada of Ukraine on September 8, 2021, in the second reading, adopted the law "On Amendments to Certain Legislative Acts of Ukraine Concerning the Simultaneous Transfer of Rights to a Land Plot in Connection with the Transfer of Rights to a Real Estate Object Located on It" (No. 5248).
The document was supported by 301 people's deputies.
"The law eliminates gaps in the legal regulation of issues related to the registration and transfer of rights to a land plot in the event of acquiring ownership of real estate (residential building, building or structure) located on it," the parliament's website says.
The law establishes the obligation of the simultaneous registration of rights to a land plot in connection with the transfer of rights to immovable property (residential building, building or structure), which is located on it, as well as the reverse procedure for the simultaneous transfer of rights to immovable property in the event of a transfer of rights to a land plot to where the specified real estate is located.
The document unifies the specified rules for the transfer of ownership and all types of use of a land plot in the event of a transfer of ownership or the right to use a land plot (easement, superficies, emphyteusis (agricultural buildings), permanent use, etc.) in case of acquiring ownership of the located on such a land plot, real estate objects (residential building, building or structure) by amending Article 120 of the Land Code and Article 377 of the Civil Code of Ukraine.
At the same time, Art. 120 of the Land Code, a new part - fourteenth, according to which it is determined that the subject of a transaction providing for the transfer of ownership of an immovable property (residential building (except for an apartment building), another building or structure or a separate share in the common ownership of such an object, an object of construction in progress) ), which is located on a land plot (except for state, communal property) owned by the alienator (previous owner) of the immovable property, there must also be such a land plot (or a separate share in the right of common ownership of it). An essential condition for such a transaction is the condition on the simultaneous transfer of ownership of such a land plot (a share in the right of common ownership to it) from the alienator to the acquirer of such an immovable property (a separate share in the right of ownership to it).
Corresponding changes have also been made to Article 377 of the Civil Code, Article 7 of the Law of Ukraine "On Land Lease" in order to specify the norms and indisputability of legal regulation.
The law was adopted with the necessary technical and legal amendments.
We will remind, yesterday the parliament supported the bill on land reclamation