Submit your application

Is it legal to sublet land bypassing the lessor?

Is the transfer of leased land to sublease without the consent of the owner legal? If so, in what cases? If not, when?

What does the law tell us about this and how are litigations resolved between the parties to such legal relations, which, due to ignorance of regulatory rules, violate the law?

Thus, lease-contractual legal relations, including sublease of land plots, are regulated by the LKU, the Law of Ukraine “On land lease” and the court practice of the Supreme Court of Ukraine, which regulates controversial issues that are not detailed by the law.

These laws and regulations establish the rules to which the parties to the contractual relationship must obey, both in the preparation and concludion of contracts, and in their termination. A lease agreement is the main document governing the rights and obligations of the parties by securing the essential terms of the transaction.

The law defines a lease agreement as a transaction in which the lessor undertakes to transfer the land plot to the lessee for a fee for possession or use for a specified period, and the lessee undertakes to use the leased object in accordance with the terms of the agreement and legislation.

It should contain information: about the lease object (size of the land plot, number in the land cadastre, location), about the term of the agreement and about the lease payment (size, indexation, methods, terms and conditions of payments, payment procedure, responsibility and nuances of revision) … Important! The law allows the parties to fix other conditions in the contract!

Clause 6 of Art. The 93rd LKU stipulates that the leased site (in whole or in part) may, upon agreement with the lessor, be transferred by the lessee to the possession (use) of another person for sublease within the limits established by law.

Article 8 of the Law of Ukraine “On land lease” determines that sublease is possible without changing the purpose, if it is provided for by the lease agreement or with the written consent of the lessor, again within the framework of legislative restrictions.

According to the law, a leased plot can become subleased if the landlord does not give written consent or objection to this within a month.

The sublease is valid within the framework of the terms of the lease agreement and should not contradict them, in view of this, the termination of the lease automatically cancels the sublease legal relationship!

This aspect is also regulated by the legal conclusions of the Supreme Court of Ukraine in cases No. 6-161cc13 of 12.12.2014 and No. 6-15cc14 of 19.03.2014.



Have you built a house? Putting it into operation correctly!

The authorities continue to make sure that citizens provide themselves with housing! Not so long ago, the Ministry of Regional Development explained the nuances of a simplified procedure for the construction of a residential building, and now a detailed procedure for putting private houses into operation has appeared on the official website. Analyzing the process! […]

What does it cost to build a house? Explanations of the Ministry of Regional Development!

Having your own home is the norm! You can buy it, get it from the state, or build it yourself! The last method is the most laborious, but quite realistic, because … The current legislation provides for the right of every citizen to build a house for himself and this can be done according to […]

The granddaughter whiсh is registered in the grandmother’s house, for donation is not an obstacle!

The grandmother in court proved her right to donate housing, despite the fact that her little granddaughter was registered in it! The Supreme court, by its conclusion in case No. 385/1598/18, determined that she is not a parent and not the one who replaces him, therefore, she is free in the right of alienation! Here […]

You need to pay for heat, even if it is turned off in the apartment

Is the unauthorized disconnection of the apartment from the heating network a basis for canceling charges for heat? The Supreme Court of Ukraine, by a decision on case No. 522/401/15-c of 25/09/19, answered the question in the negative. The consumer is obliged to pay for the service that has not been consumed anyway! Analyzing – […]

The Supreme Court to the Prosecutor’s Office is a friend and comrade! Don’t believe? Read on!

The case № 638/8636/17-c considered by the Supreme Court, 05/13/2020, was closed by a legal conclusion, according to which the inactivity of the prosecutor’s office is not evidence of moral harm, therefore, it cannot be compensated! Initially, the lawsuit was initiated by a citizen who believes that the inaction of the law enforcement system is […]

CEC-Supreme Court of Ukraine: what should the economic court find out before rejecting the claim?

The Joint Chamber of the CEC of the Supreme Court of Ukraine spoke out on the motivation for refusals to consider claims. In the ruling in case No. 910/6642/18 of 06/14/19, the courts were explained what exactly they should find out before deciding to dismiss the claim when considering economic disputes in the context of […]