On January 14, 2021, the Resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Procedures Approved by Resolutions of the Cabinet of Ministers of Ukraine of October 17, 2012 № 1051 from February 7, 2018 № 105” entered into force.

Changes in the resolution, which was mentioned before, relate to the procedure for updating the normative monetary valuation of land, which:

  • agricultural lands;
  • are outside the settlement;
  • belong to privately owned lands.

If you ask the question: "What has changed?". You can confidently get the answer: "Nothing!". We will explain this below.

The Cabinet of Ministers of Ukraine made amendments for its own Resolution, which provided that the technical documentation on the normative monetary valuation of agricultural land is valid for the period specified in the Part 2 of the Article 18 of the Law of Ukraine "On Land Valuation" (i.e. for 5-7 years). After the expiration of the specified term, the owner or land user of a privately owned agricultural land plot may order a normative monetary valuation of a separate land plot in accordance with the procedure provided for in the Part 2 of the Article 15 of the Law of Ukraine “On Land Valuation”.

Therefore, the previous version of the Resolution prohibited the owner or land user from ordering new technical documentation before the end of 5 years. For many landowners and land users, this could be very unprofitable, because of All-Ukrainian normative monetary valuation, some plots have risen sharply in value.

However, it is not taken into account that the Law of Ukraine "On Land Valuation" has never prohibited the ordering of new technical documentation earlier than 5 years. In particular, the Article 18 of the Law stipulates that the normative monetary valuation of agricultural land plots located outside settlements is carried out at least once every 5-7 years. However, it is not forbidden to do this more often. As we know, the Law has a higher legal force compared to the Resolution of the Cabinet of Ministers, respectively, individuals are allowed to do what is not prohibited by the law.

Therefore, interested individuals (landowners and land users) on their own initiative can order the development of technical documentation on the normative monetary valuation of a particular land plot after going through the following stages:

  1. Making an agreement with the land management organization; state examination of technical documentation.
  2. Approval of technical documentation by the local government agency (village, settlement, city council) within a month from the date of its receipt.
  3. Official publication of the local government agency decision on the technical documentation approval.
  4. Entry of a decision on approval of technical documentation of legal force (for official publication before July 15, 2021, the new NMV is used from January 1, 2022, for publication after July 15, 2021, from January 1, 2023);
  5. Registration of technical documentation in the State Land Cadastre; obtaining an extract from the technical documentation on the normative monetary valuation of a separate land plot.

Please note that the reason for refusal to approve the technical documentation can only be its non-compliance with the requirements of laws and regulations adopted in accordance with the law or the location of land or land plots in another territorial community. The decision to refuse to approve the technical documentation must contain references to specific provisions of laws and regulations adopted in accordance with the law, which contradict the relevant technical documentation. Therefore, if the local government does not make a decision within a month, it can be regarded as "tacit consent". If the refusal is unreasonable, the refusal can be appealed in court with the requirement to approve the technical documentation.

At the same time, it should be remembered that a new Methodology of normative monetary valuation of land is going to work soon, and that is when interesting things can begin. You can read more about the new Methodology here.

Source: Agravery.com

Tuesday, 19 January 2021

 

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