The government plans to return land to owners of destroyed houses: what will the new law change?
8 October 21:30
Ukrainians whose housing or property was destroyed by the war will be able to receive a land plot from the state free of charge. The relevant draft law was adopted by the Verkhovna Rada of Ukraine on October 8, 2025, "Komersant Ukrainian" reports.
The government proposes to amend the Land Code to protect the rights of owners of property destroyed during the war. This is stated in the draft law No. 13174 “Draft Law on Amendments to Certain Legislative Acts of Ukraine on the Protection of Land Rights of Owners of Real Estate Destroyed as a Result of Hostilities.”
The draft law was initiated by MPs Oleksandr Haidu, Pavlo Frolov, Valeriy Sterniychuk, Maksym Tkachenko and Stepan Chernyavsky.
They explain that as a result of Russia’s full-scale war against Ukraine, thousands of buildings and structures have been destroyed and damaged. To restore justice, the state has already introduced a mechanism for compensation for destroyed housing, but a number of legal loopholes in land legislation deprive owners of the right to use the land where their homes were located.
The problem: there is compensation, but the land cannot be returned
The Law of Ukraine “On Compensation for Damage and Destruction of Certain Categories of Real Estate Objects ” stipulates that after receiving compensation, ownership of a destroyed building ceases. This means that the former owner formally loses not only the right to the property itself, but also the connection with the land plot on which it was located.
In many cases, such plots remain in state or municipal ownership, and if the use of them was not formalized before the destruction of the building, a person cannot actually get the land back – neither for rent nor for ownership.
Lawyers note that this creates a legal conflict: a property owner who has lost everything due to the hostilities cannot obtain a plot without bidding, even to resume construction.
Current regulations do not take into account the realities of war
According to the current Land Code, the transfer of state-owned or municipally owned land on which private real estate is located is possible without bidding. However, in the event of the destruction of these objects, this possibility disappears, as the building no longer formally exists.
The situation is further complicated by martial law: subparagraph 5 of paragraph 27 of Section X “Transitional Provisions” of the Land Code prohibits the free transfer of land plots to private ownership. The only exception is for owners of buildings located on such plots. But if the buildings are destroyed, the provision does not work.
As a result, people whose homes were destroyed lose not only their homes but also the right to rebuild them on their land.
What is stated in the draft law adopted by the parliament?
To address this injustice, it is proposed to amend the Land Code of Ukraine. The draft law provides for several key solutions:
To allow the sale or transfer of state-owned or municipally owned land to former owners of destroyed facilities without bidding.
To introduce free transfer of land plots during martial law to former owners of buildings destroyed as a result of hostilities.
Simplification of urban planning procedures – during martial law and for another five years after its termination, the transfer of ownership or use of land to such citizens will be carried out without the development of new urban planning documentation, if the intended purpose of the land plot is the same as before the destruction of the object.
Read also: How to get compensation for destroyed housing during the war
Changes without additional burden on the budget
The drafters of the bill emphasize that its implementation will not require additional costs from the state or local budgets. All changes relate only to legal procedures, not to financing compensation or reconstruction.
The initiative group of parliamentarians argues that the adoption of the draft law will allow thousands of Ukrainians to restore the right to the land where their homes or business facilities were located without additional bureaucratic obstacles. This, in turn, will create legal preconditions for rebuilding the destroyed territories and returning people to normal life.
In addition, the document will help protect property rights, which is one of the basic principles of Ukrainian legislation and the country’s European integration course.
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According to specialized experts, the amendments to the Land Code will be an important step in the development of a fair compensation and restoration policy. They will help avoid situations where owners of destroyed buildings find themselves in a legal vacuum – without property, without land, and without a real opportunity to return to a normal life.
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