Land – 2025: Who has the right to privatize during martial law?
13 March 17:16
Privatization of land and housing during the war remains one of the most controversial issues for Ukrainians. Is it possible to legalize your land now? What are the risks for those who postpone this process? Attorney Roman Smutin in a commentary for
In an exclusive commentary for
“Many people believe that if their house is built on a certain land, this land automatically belongs to them. This is not the case. The lack of title documents can create serious problems in the future, including the loss of property,” Smutin said.
What land plots can be privatized during martial law?
According to the lawyer, the law currently prohibits the free privatization of vacant state or municipal land. However, there are exceptions:
- Plots on which legitimate real estate is located – houses, buildings, structures. However, this does not apply to unauthorized construction.
- Plots that were granted to citizens for use before January 1, 2002.
“If the land was used officially before 2002 or if there is already a legally registered house on it, it can be privatized even now,” the lawyer explains.
Is it possible to privatize land and a house during the war?
Yes, but there is an important condition: the land plot must have a designated purpose “for the construction and maintenance of a residential building.” This means that you can privatize up to 25 acres in the countryside and up to 10 acres in the city.
“A house that you built yourself does not need to be privatized – it should be put into operation through the State Inspectorate of Architecture and Urban Planning,” Smutin notes.
He emphasizes that if the house is not put into operation, the owner will not be able to sell, donate or inherit it.
“If the house is not registered, even the heirs may lose the right to it. This also applies to non-privatized apartments – the lack of documents can lead to the loss of housing,” the lawyer warns.
Simplified land privatization
Smutin also explains that there is a possibility of simplified privatization, but only for plots where residential buildings are already located.
The procedure is as follows:
- Sign a contract with a land surveyor to develop technical documentation.
- Obtain a cadastral number and an extract.
- Submit the documents to the local council for approval.
- Register land ownership in the State Register of Real Property Rights.
“While the standard procedure takes up to 6 months, the simplified scheme can take only a few months,” Smutin adds.
The lawyer emphasizes that the issue of land privatization should not be postponed:
“Privatization is not just a formality. It is protection of your property from future risks. In times of war, it is important that every Ukrainian has a legally enshrined right to their land and housing,”summarized Roman Smutin.
Real estate privatization is not only a legal procedure but also a guarantee of property protection. The lack of title documents can lead to the loss of housing or land, even if the owner has owned it for years. In wartime, it is especially important to formalize your property to avoid legal risks in the future.
