According to the new legislative changes adopted on November 8, 2024, the deadline for formalizing unclaimed land plots and the distribution of land among land share owners (or heirs) remaining in collective ownership after previous land distribution has been extended. This is stipulated in the new Ukrainian law, “On Amendments to Certain Legislative Acts of Ukraine Regarding the Protection of the Interests of Land Shareholders (Paїs) and the Application of Administrative Procedures in Land Relations.”
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Unclaimed land shares: numbers and situation
Currently, there are over 104,400 unclaimed land shares (paїs) in Ukraine. According to the new legislation, the extension of the deadline for formalizing these plots to January 1, 2028, is necessary to provide more time for owners and heirs who, for various reasons, particularly due to the military aggression against Ukraine, were unable to meet the previously established deadline — January 1, 2025.
Important changes in the rules of formalization and transfer of land
According to the new rules, if by January 1, 2028, the owner of an unclaimed land share (paї) or their heir does not formalize ownership of the land plot, they will be considered to have refused to receive the plot.
If the plot is not claimed by the specified date, once the land plot is formed from unclaimed land shares, it can be transferred to municipal ownership of the territorial community based on a court decision and the local government authority’s action.
Prohibition of transferring land to private ownership
It is also important to note that for seven years from the date of state registration of municipal ownership rights to a land plot formed from unclaimed land shares, it is prohibited to transfer it into private ownership, except in cases where the plot is returned to the owner of the unclaimed land share (paї) or their heirs.
Changes in land relations
In addition to the extension of the deadline for formalizing unclaimed land shares, the new law also introduces significant changes to other aspects of land relations. In particular:
- The implementation of a pilot project for updating the State Land Cadastre by certified land surveyors has been extended until 2026.
- The mandatory professional development of land surveyors, geodesists, and evaluators will be restored starting February 7, 2025.
- It has been established that all lands occupied by state-owned water bodies of national significance are considered state property.
- The objectives for the use of funds received from agricultural production losses have been clarified.
These legislative changes provide more time for formalizing land shares, an important step in protecting the rights of land share owners, and contribute to improving land relations in Ukraine. The law came into force on November 8, 2024, except for certain provisions specified in the Final Provisions of the law.
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