The Grand Chamber of the Supreme Court has decided what to deal with a person who has received permission to develop land use planning and control documentation, but another person has received the right of ownership / lease for it.
There has been a legal problem in Ukraine for a long time, which is that the law does not prohibit applicants from granting land use planning projects for the purpose of obtaining land lease or privatization for the same land plot, as the decision to grant a development permit as regards land use planning documentation is not a decision to obtain land ownership / lease.
In practice, this led to several people being able to prepare and approve a land use planning and control project at the same time, spending the appropriate funds, but one of them received ownership / lease of land without proper justification of the decision by the relevant territorial community.
However, the Grand Chamber of the Supreme Court in its resolution of September 29, 2020 in case No. 688/2908/16 reached the following conclusions:
- If there are two or more people wishing to rent or own the same land plot, land auctions shall be held in the form of an auction;
- Land use planning and control projects for the allocation of land plots are drawn up only in the event of a change in the assigned purpose purpose of land plots or the formation of new land plots;
- The development of the land allotment project is carried out in the interests of the community, and in case of non-receipt of the desired land plot, the applicant is entitled to reimbursement of expenses incurred by a public authority or local government.
- Аnatoly Zadnipryany, attorney @ Dynasty Law & Investment