Land lease during martial law: how the simplified procedure works.

Land lease in territorial communities during martial law

The lease of land in consolidated territorial communities during martial law has its peculiarities, which are defined by both the Land Code of Ukraine and special regulations that are in effect during the martial law period.

According to the explanations of the 'State Land Fund of Ukraine', during the martial law period, the Cabinet of Ministers of Ukraine resolution No. 1113 dated September 16, 2022 (in the new edition) is in effect, which provides for a simplified mechanism for transferring land for agricultural purposes in state and communal ownership.

Land can be rented:

• without land auctions,
• without the development of land management documentation (in some cases),
• through a shortened procedure.

This applies to land for agricultural production, personal farming, and farming enterprises. The lease agreement can be concluded without the approval of the land management project.

In many cases, the conclusion of lease agreements is allowed based on technical documentation or without it if the plot is already formed. It is also permissible to conclude lease agreements for a short term of up to 1 year without state registration, which is dealt with by the village council or the territorial community.

Restrictions and peculiarities

The right to lease is subject to restrictions. For example, if the plot is already leased or in permanent use, it cannot be transferred to another entity, even during martial law.

Some consolidated territorial communities set their conditions for land transfer considering military administrations or local councils. A temporary moratorium on new leases often applies, especially in areas near the front.

Ukrainians were given the following recommendations: to clarify the status of the plot, contact the land surveyor of the territorial community or the legal department of the community, and if the entity is legal (entrepreneur or agricultural enterprise) – to prepare documents on agricultural activities to facilitate the leasing process.