When co-owners will be able to execute their right on land plot under apartment building?

On Wednesday, April 24, 2013 at 10am, in the Ukrinform Information Agency, Civil Network OPORA has conducted a roundtable titled "'When co-owners will be able to execute their right on land plot under apartment building?'' The roundtable was focused on the establishment of joint vision of securing the rights of co-owners to get a surrounding area into ownership or permanent use.

Creation of competitive environment in the housing sector is among the priorities of the state policy. However, the implementation of this task is impossible without the development of responsible homeowners' institute – condominiums. One of the most difficult, and, at the same time, the most important problem which hinders the creation and functioning of condominiums, is that it’s impossible to get a land plot on which apartment building and surrounding area are situated, into ownership or permanent use. Only 5% of Condominiums managed to use this right. Such situation has emerged due to confusing legislation and complicated procedures.

National program on reforming and developing housing and communal services for 2009-2014 provides development of draft laws on the procedure for determining the boundaries of surrounding areas and transference them to Condominiums, in accordance with the Law of Ukraine on Condominiums, according to which land and adjacent territory shall belong to Condominiums. These statements should have been implemented in 2009-2011, but they are still not. At the same time, we would like to remind that in accordance with this Program (Law of Ukraine of June 11, 2009), the Government should report on the realization of his Program in the Verkhovna Rada.

Civil Network OPORA has drafted Procedures for consideration and resolution of issues regarding transference of adjacent territories to Condominiums. The approval of the CMU wouldn't be enough to solve the problem, as long as some amendments to the Land Code of Ukraine are required, it will provide co-owners with a procedure for receiving land plots in current conditions. Therefore, Procedures were sent to the Prime Minister of Ukraine Mykola Azarov asking to provide it to the corresponding central executive bodies with a request to draft Resolution of the CMU using materials, prepared by the organization. For its part, Civil Network OPORA has expressed readiness to participate in working meetings for elaboration of the document.

Project “Reforming housing and communal services through transferring surrounding area to Condominium ownership” is realized by the Civil Network OPORA within joint initiative of the Pact Inc., the International Renaissance Foundation, and the Eastern European Fund.
Realization of the component Support of local initiatives within the Ukraine National Initiatives to Enhance Reforms (UNITER) Program, which is implemented by Pact. Inc., became possible due to the generous support of American People given through the US Agency for International Development USAID, as well as financial assistance of the International Renaissance Foundation.
Thoughts of this document on the roundtable titled ''When co-owners will be able to execute their right on land plot under apartment building?'', are under the responsibility of the Civil Network OPORA and do not necessarily reflect the views of USAID, US Government, Pact Inc., the International Renaissance Foundation, and the Eastern European Fund.