In 2026, the issue of free transfer of land plots for housing construction, gardening and horticulture attracts attention due to changes in legislation and the consequences of martial law. The Land Code and the Law of Ukraine “On the Status of War Veterans” guarantee priority in land allocation to combatants and families of the deceased, but the actual receipt of the plot depends on the order of priority, the availability of free land and a complete package of documents. For other citizens, access to land is possible through reserve funds, land shares or ownership of destroyed property.
Lawyers of the law association “Repeshko and Partners” commented on how legislative norms are applied in practice and what should be taken into account in order to avoid refusals to issue land plots. Experts emphasized the importance of properly collecting documents, observing the order of priority, and understanding which categories of citizens are entitled to certain land rights.
Currently, in accordance with the norms of current legislation, participants in hostilities (UBD) are provided with priority allocation of land plots for individual housing construction, gardening and horticulture. The transfer of land plots into ownership is carried out in accordance with the procedure established by Article 118 of the Land Code of Ukraine, provided that the participant in hostilities has not exercised his right to receive ownership of the land plot free of charge (has not participated in the privatization of the land plot of this category before) and has provided all the necessary documents. The first in line to receive the plot are citizens who have become disabled due to the war, those who have lost loved ones, and participants in the battle.
We draw your attention to the wording “priority”, that is, in turn, but first. Not out of turn, not automatically. This right is regulated by two legislative acts – the Land Code of Ukraine and the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”.
As for the UBD directly, according to Art. 12 of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”, they have the right to receive land plots free of charge for individual housing construction, gardening and horticulture. According to the current norms, these are:
- for gardening – up to 0.12 hectares;
- for personal farming – up to 2.0 hectares;
- for construction and maintenance of a residential building:
- up to 0.25 hectares in villages,
- 0.15 hectares in settlements
- 0.10 hectares in cities;
- for summer cottage construction – up to 0.10 hectares.
It should be noted that the norm applies once for each type of use. That is, if the UBD wrote an application for a plot for gardening, then it can also write for a plot for residential development.
However, according to paragraph 27 of the Transitional Provisions of the Land Code of Ukraine, during martial law, the free transfer of state and municipal land to private ownership is prohibited, as well as the granting of permits for the development of land management documentation for the purpose of such free transfer and the development of such documentation.
Currently, the provisions of this subparagraph do not apply, i.e. there is no prohibition on:
- free transfer of land plots into private ownership to owners of real estate objects (buildings, structures) located on such land plots;
- free transfer of land plots into private ownership to former owners of real estate (buildings, structures) destroyed as a result of circumstances caused by the armed aggression of the Russian Federation against Ukraine, the ownership right to which, according to the information of the State Register of Real Estate Rights to Real Estate, was terminated in connection with the destruction of the property;
- free transfer into private ownership to citizens of Ukraine of land plots transferred for use before the entry into force of this Code, i.e. before 2002.
In addition, we draw your attention to the fact that the above-listed points apply not only UBD, but also all citizens of Ukraine regarding the allocation and transfer of land plots into ownership during martial law. Thus, the so-called “privatization of land plots” – that is, free transfer into ownership to a citizen takes place even during martial law, but taking into account the above. Therefore, if we talk about the realization of the right to obtain a land plot not only for UBD, but also for any ordinary citizen, as last year, the right to it exists, but in fact only the citizens listed in the last three points can realize it.
In practice, this looks like this:
- if a citizen of Ukraine, including one who has the status of a UBD, applies to the local community with an application for the issuance of 0.15 hectares of empty land in a village for the construction and maintenance of a residential building – he is refused;
- if a citizen of Ukraine, including one who has the status of a UBD, applies to the local community with an application for the issuance of 0.15 hectares of land in a village for the construction and maintenance of a residential building on which a house already stands, duly registered under him, – such an application is satisfied.
On December 18, 2025, the Verkhovna Rada of Ukraine adopted as a basis the draft Law on Amendments to Certain Legislative Acts of Ukraine on Ensuring the Implementation of the Rights of Participants in Hostilities and Families of Deceased (Deceased) Defenders of Ukraine in the Allocation of Land Plots to Them at the Expense of State and Municipal Lands, reg. No. 10027. The purpose of the bill is to facilitate the implementation of the state-guaranteed right to land plots by participants in hostilities and families of deceased (deceased) Defenders of Ukraine.
The bill provides for the establishment of a reserve fund of lands that will be used exclusively for the free transfer of land plots into private ownership to participants in hostilities from among persons who have been granted the status of a participant in hostilities in accordance with paragraphs 19-25 of part one of Article 6 of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection” and to families of deceased (deceased) Defenders of Ukraine. Their provision for other purposes is prohibited, information about such a prohibition is entered in the State Land Cadastre. It is also proposed to amend the provisions of Section X “Transitional Provisions” of the Land Code of Ukraine, allowing for the free transfer of state and municipal land to private ownership by the UBD and the families of the fallen (deceased) Defenders of Ukraine during the martial law period. However, this is only a draft for now.
It should be noted that the deadline for registration of unclaimed (undistributed) land plots has been extended until 2028, as well as for the distribution of land plots between owners of land shares (shares) and their heirs of lands remaining in collective ownership after the distribution of land plots. This is provided for by the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Protection of the Interests of Owners of Land Shares (Shares), as well as the Application of Administrative Procedure in the Field of Land Relations”. Thus, citizens have an additional two years to resolve land issues.
In this regard, it should be noted that the following categories of citizens have the right to be allocated a land plot in kind (share):
- owners of land plots (shares) from among the former members of collective agricultural enterprises, agricultural cooperatives, agricultural joint-stock companies, including those established on the basis of state farms and other state agricultural enterprises;
- pensioners from among the former members of collective agricultural enterprises, agricultural cooperatives, agricultural joint-stock companies, including those established on the basis of state farms and other state agricultural enterprises, who have received certificates for the right to a land share (share) in the manner established by law;
- citizens – heirs of the right to a land share (share), certified by a certificate;
- citizens whose right to a land share (share) has been recognized by a decision court.
If there are no collective land plots subject to allotment on the territory of the relevant community, the allocation of land shares (shares) to citizens will be carried out as follows:
- from the reserve lands or reserve fund in the amount of the relevant share;
- from the reserve lands of communal property;
- by making changes to the land management project to provide citizens with land plots.
We emphasize that if by January 1, 2028, the owner of an unclaimed land share (share) or his heir does not register the right of ownership to the land plot, he will be considered to have refused to receive the plot.
In the future, after the formation of an unclaimed land share (share) in a land plot by decision of the local government body and upon its application on the basis of a court decision, this land plot is transferred to the communal property of the relevant territorial community, in the order of recognizing the property as ownerless.
It is important that the land plot is a material asset that can be sold, donated, inherited. That is why, if there is at least a small chance of obtaining a land plot, we advise you to take advantage of it, because land is an eternal value! We also advise you to check the current status of the plots in the State Land Cadastre, submit applications through local authorities in a timely manner and do not delay the registration of ownership rights – even a small land plot is a long-term investment and a guarantee of future assets.
