Relations associated with the lease of land shall be regulated by the Land Code of Ukraine , Civil Code of Ukraine , this Law and the laws of Ukraine, other legal acts adopted pursuant thereto, as well as land lease agreement.
Relations associated with the lease of land, which are integral property complexes of enterprises, institutions and organizations, state or municipal property, and based on the property that belongs to the Autonomous Republic of Crimea, and their departments are regulated by this Act with the specifications provided for by the Law of Ukraine “On Lease of State and Municipal Property” .
In the event of early termination of the lease of land at the initiative of the lessor of land (except for early termination of the lease at the failure of the tenant of his duties), the lease of which was obtained by Auction, landlord tenant reimburses the cost of its acquisition in terms defined terms of the contract and the law, and damages incurred by the tenant as a result of early termination of the lease, unless otherwise provided in the lease agreement.
The right to lease land goes after the death of an individual – the tenant, unless otherwise provided in the lease agreement, to the heirs, and in case of failure or lack of heirs – to the people who used this land together with the tenant and are willing to become tenants in If it does not conflict with the Land Code of Ukraine and this Law.
In the event of conviction an individual – the tenant to imprisonment or limit its capacity by the court the right to lease the land goes to one of his family members who volunteered and according to the law can become the tenant, and in case of failure or absence those – to those who have used this land with the lessee, with their consent, unless it is contrary to the requirements of the Land Code of Ukraine and this Law.
To the person who transferred the ownership of a house, building or structure located on leased land, and goes right to lease this land. Agreement providing for the acquisition of ownership of a house, building or structure, terminated the lease of land in the lease of the previous tenant of the land on which is located a house, building or structure.
Leased land or part of it can be transmitted tenant to sublease without changing the purpose if required by the lease agreement or by written consent of the lessor. If within one month, the landlord does not send a written notice of its consent or objection leased land or part of it may be transferred to sublease.
Transfer to sublease the land on which are integral property complexes of enterprises, institutions and organizations, state or municipal property, and based on the property that belongs to the Autonomous Republic of Crimea, and their divisions prohibited.
Tenants of agricultural land for the period of the lease can share them with adequate land use rights by entering into a sublease agreements between the relevant parts, if required by the lease agreement or by written consent of the lessor.
The right to lease land state or municipal property provided for building a house can be alienated by the lessee with the consent of the landlord if the building is started, the terms and conditions specified by the original lease agreement, or if the exclusion provided original lease agreement .
If this article within the set deadline landlord did not give consent to the alienation of land lease or motivated denial of its provision, the tenant may alienate the lease of land within ten working days of the end of such period.
The tenant, which under the law can own the leased land, the preemptive right to purchase of the land in case of sale of land, provided that he pays the price at which it is sold, and in the event of a sale at auction – if its offer is equal to the proposal, which is the largest of the proposed bidders.
(Article 9 amended in accordance with the
Law of Ukraine of 28.12.2007. N 107-VI,
The Constitutional Court of Ukraine
from 22.05.2008 g. N 10-rp / 2008 ,
in the Law of Ukraine
on 03.06.2008. N 309-VI)
(Article 9 is supplemented in accordance with part four
Law of Ukraine of 16.09.2008 p. N 509-VI ,
Part four in the wording of Article 9
Law of Ukraine of 05.11.2009 p. N 1702-VI ,
amended in accordance with the
Law of Ukraine of 02.12.2015 p. N 191-VIII)
In case of default of its obligation by the party under the agreement must land lease facility to insure the lease, the other party can insure it and request the other party reimbursement for insurance.
Land lease agreement – a contract by which a landlord must apply for transfer landholder in the possession and use for a certain period and the Tenant shall use a plot of land in accordance with the terms of the contract and the requirements of land legislation.
The lease may include renting of several land plots owned by a landlord (and in respect of state and municipal property – land, being in possession of one of the executive authority or local government).
(Article 15 as amended in accordance with the
Law of Ukraine of 16.09.2008 p. N 509-VI,
from 09.07.2010 p. N 2480-VI,
from 07.07.2011 p. N 3613-VI ,
in the Law of Ukraine
from 12.02.2015 g. N 191-VIII)
The conclusion of the lease of land plots from state or municipal property on the basis of decision of the relevant executive authority or local authority – the landlord accepted in the manner prescribed by the Land Code of Ukraine , or the results of the auction.
Lessee as prescribed by law is entitled to require leased land with any unlawful possession and use, to remove obstacles to use her damages caused plot citizens and legal entities of Ukraine, foreigners, stateless persons, foreign legal entities, in including international associations and organizations.
Compensation landlord losses caused by the tenant should be reduced if the tenant intentionally or through negligence caused the increase in the size of losses due to non-performance or improper performance of the contract or the landlord failed to take measures to reduce them.
At the request of either party land lease agreement can be terminated early by the court in case the parties obligations under Articles 24 and 25 of this Law and the terms of the contract, in the event of accidental destruction of or damage to the rented object, which hampers specified in the contract use of land, and for the reasons set out by the Land Code of Ukraine and other laws of Ukraine.
In the event of termination of the lease of land at the initiative of the tenant landlord is entitled to receive the rent on agricultural land for six months, and on non-agricultural land – a year if during this period were received suggestions from others on the conclusion of the lease of the same land areas under the same conditions, except when terminating the contract was due to non-fulfillment or improper fulfillment of contractual obligations by the lessor.
Transfer of ownership of the leased land to another person, and the reorganization of the legal entity – the tenant is not a reason to change the terms or termination of the contract, unless otherwise provided by the contract of lease of land.
Article 32 1 . Termination of the lease of land state or municipal property as necessary to provide it for public use
The lease land state or municipal property may be terminated in the event of a decision on the use of land for the placement of objects specified by the first paragraph of Article 7 of the Law of Ukraine “On the alienation of land and other immovable property located thereon, which are privately owned, for public needs or social necessity “ .
A request for termination of the lease referred to in the second part of this article may be required by executive authorities, local authorities empowered to provide land for public purposes in accordance with Article 122 of the Land Code of Ukraine and one of the parties to this agreement.
Termination of the lease of land in the manner specified in this Article shall be allowed if the items are intended to be placed on land can not be put on another plot or the placement of objects on other land areas will cause significant property damage or cause adverse environmental consequences for the local community, or society as a whole.
Termination of the lease of land in the event of a decision to grant it for public use is subject to full compensation to the lessee and third party damage caused by this, including costs associated with the allocation of land in a separate plot of land and signing the rental agreement.
At the end of the period for which it was concluded land lease agreement, the tenant who properly served under the contract, the preemptive right to others to conclude a land lease agreement for a new term (renewal of land lease agreement).
The tenant who wishes to exercise preferential right to conclude a land lease agreement for a new term, must notify the landlord before the expiry of the term of the lease of land within the period specified hereunder, but not later than one month before the expiry of the lease of land.
With the resumption of its land lease conditions may be modified by mutual consent. If no agreement on the rent and other essential terms of the contract the lessee a preferential right to conclude a land lease agreement is terminated.
Landlord within a month considering the tenant sent a notification letter to the draft supplementary agreement, checks it for compliance with the law, agrees with the tenant (if necessary) the essential terms of the contract and, in the absence of objections, decides to renew the lease of land (on land and state municipal property), concludes with the tenant an additional agreement to renew the lease of land. If objections landlord to renew the lease land tenant sent a letter of notification of the decision by the lessor.
If the tenant continues to use the land at the end of the lease term and the absence within one month after the end of the contract the landlord a letter of notification of denial of renewal of the lease of land a contract is renewed for the same term and under the same conditions as under the contract. In this case, the conclusion of a supplementary agreement to renew the lease of land is carried out:
The head of the executive authority or local government, which is authorized to sign an additional agreement to lease land on land state or municipal property, determined by the decision of this body.
In the event of termination or termination of the lease land tenant the landlord must return the land on the conditions specified by the contract. The tenant has no right to hold land for their claims to the lessor.
Landlord is responsible for the shortcomings of leased land that did not provide the lease agreement and prevent the use of land under the contract. In the event of such shortcomings tenant may require:
By differentiation according to the law of state and municipal property lessors of land within settlements, except land transferred to private ownership, is the village, town and city councils, and outside of the place – the relevant line within the powers defined Land Code of Ukraine .
Citizens – holders of certificates for the right to land (share) to be allocated to them in kind (on the ground) of land have the right to enter into lease agreements of agricultural land, the location of which is determined by the requirements of rational organization of territory and compact land use in accordance with these certificates in compliance with this law.
After selection in nature (on ground) land owners of land shares (shares) lease land pereukladayetsya according to the state certificate of title to land under the same conditions as previously concluded, and can be changed only by mutual consent. Termination of the lease may only be defined by this Law.