New Superficies Rules in Ukraine: Building on Someone Else’s Land.

Constructing on Another’s Land in Ukraine

According to Novyny.live: In Ukraine, developing a property on land owned by someone else is only possible after securing a usage right known as superficies. This right must align with urban planning documents and the designated purpose of the land.

The right to build arises in three specific scenarios:

• when the individual owns the land,
• when they are an official user of the land,
• when they have signed an agreement with the landowner.

Superficies can be granted for either a fixed term or indefinitely. However, for state-owned or municipal land, the usage period cannot exceed 50 years. Construction procedures are governed by the Law 'On Regulation of Urban Development Activities'.

Step-by-Step Construction Process

The construction process involves several key stages:

• obtaining urban development conditions and restrictions,
• developing project documentation,
• submitting a notice of work commencement or securing a permit,
• commissioning the facility and registering ownership of the completed structure.

The land user is required to use the plot for its intended purpose and make timely payments.

It is crucial to note that if construction is 'frozen' for three years, the landowner can seek termination of the superficies through court. In cases where the parties fail to reach an agreement, the landowner may demand the demolition of the building.

Adhering to legal standards and properly formalizing superficies is therefore essential to prevent disputes between developers and landowners.

Given the complexity of the process, it is vital that market participants have a clear understanding of their rights and obligations to avoid future legal conflicts. Exploring this topic is also important for investors planning to fund construction projects in Ukraine, as it directly impacts project feasibility and risk management.