One of the most common categories of land owned or used by citizens is agricultural land. This is absolutely logical, as Ukraine is an agrarian state and the development of this sector requires not only land cultivation and cultivation of agricultural crops, but also the presence of premises for storing crops, agricultural machinery, inventory, etc. This was reported by the Land Fund of Ukraine, according to agronews.ua.
Our subscribers often ask for clarification on how and what structures can be legally built on agricultural land.
First, let's clarify the definition of agricultural land and the rules for its use. The basic provisions of such features are enshrined in Article 22 of the Land Code of Ukraine.
In particular, agricultural land is recognized as land provided for the production of agricultural products, conducting agricultural scientific research and educational activities, placing the relevant production infrastructure, including wholesale agricultural product markets, or intended for these purposes.
Agricultural land includes:
agricultural lands (arable land, perennial plantings, hayfields, pastures, and fallows);
non-agricultural lands (farm roads and driveways, protective forest strips and other protective plantings, except those classified as lands of other categories, lands under farm buildings and yards, lands under wholesale agricultural product market infrastructure, lands under biogas production facilities that are components of complexes for production, processing, and storage of agricultural products, lands for temporary conservation, etc.).
The current legislation of Ukraine provides for the possibility of constructing real estate objects on agricultural lands, but on the condition that the further functional use of these objects corresponds to the intended purpose of the land plot.
According to the Classifier of types of land plots designated use, agricultural lands (code 01.01 – 01.19) can be used for: conducting commercial agricultural production, farming, personal peasant farming, subsidiary farming, individual gardening, collective gardening, horticulture, haymaking and livestock grazing, research and educational purposes, dissemination of advanced agricultural practices, provision of services in agriculture, placement of wholesale agricultural product market infrastructure, other agricultural purposes, preservation and use of natural reserve lands, as well as reserve land plots for farm buildings and yards, under protective forest strips, reserve lands (land plots not provided to individuals or legal entities), common use lands used as field roads, driveways, under public hayfields and pastures.
The classification of types of agricultural purpose buildings is provided in the State Classifier of buildings and structures DK 018-2000, which includes (code 1271): buildings for animal husbandry, poultry farming, grain storage, gardening, viticulture and winemaking, silos and silage; buildings for greenhouse, fish farming; buildings of forestry and game management enterprises; other agricultural purpose objects.
This class of buildings also includes: cowsheds, stables, pigsties, barns, horse farms, dog breeding facilities, poultry farms, grain storage facilities, warehouses and outbuildings, basements, distilleries, wine containers, greenhouses, silos, etc.
The Law of Ukraine "On Personal Peasant Farming" provides that they can be used for personal peasant farming, commercial agricultural production, farming.
The property used for personal peasant farming includes land plots, residential buildings, farm buildings and structures, agricultural machinery, inventory and equipment, vehicles, agricultural and domestic animals and birds, bee colonies, perennial plantings, produced agricultural products, processed products, and other property acquired by the members of the farm in accordance with the established legislative procedure.
This means that members of personal peasant farms have the right to build warehouses for storing surplus agricultural products, workshops for equipment repair, and other buildings for storing inventory and supporting farm activities.
Regarding lands for farming, as established by Article 5 of the Law of Ukraine "On Farming," citizens who have created a farming enterprise have the right to arrange housing in the part of the land plot provided for farming, which provides convenient access to all farm production facilities.
If the housing of farming enterprise members is located outside settlements, they have the right to create a separate farming homestead, which is assigned a postal address.
A separate farming homestead is a land plot with a residential building, household buildings, aboveground and underground utilities, perennial plantings, located outside settlements. Also, a farming enterprise has the right to build residential buildings, farm buildings, and structures on the land plots owned by it and its members in accordance with the approved land surveying and urban planning documentation in the established legal procedure.
On the leased land plot, a farming enterprise – the lessee has the right, with the written consent of the owner (landlord), to build residential buildings, farm buildings and structures, as well as to establish perennial plantings, construct water management structures and reclamation systems in accordance with the approved land surveying documentation, urban planning documentation, and subject to the conditions of the land plot's intended use in the established legal procedure.
Land plots designated for gardening can be used for planting perennial fruit trees, growing agricultural crops, as well as for the construction of necessary garden buildings, farm buildings, etc. (Article 35 of the Land Code of Ukraine).
On land plots provided for horticulture, according to Article 36 of the Land Code of Ukraine, planting perennial fruit trees, as well as the construction of capital buildings and structures, is not allowed. Temporary structures for storing inventory and protection from the weather can be built on such land plots. After the lease term of the land plot ends, the temporary structures built must be dismantled by the owners of these structures at their own expense.
Thus, the legislation allows for the construction of capital structures on agricultural land, but it is important to remember the restrictions and exceptions provided for specific cases.
