How to sublease a plot of land?

Sublease of a land plot is the transfer by the tenant of the right to use the land plot to a third party . This mechanism is used if the tenant does not have the ability or need to use the land plot on his own, but has the right to transfer this right to another person. The conclusion of a sublease agreement is regulated by the legislation of Ukraine, in particular the Land Code of Ukraine , the Law "On Land Lease" and other regulatory acts.

According to Art. 8 of the Law "On Land Leasing" the leased land plot or its part may be subleased by the lessee without changing the intended purpose , if this is stipulated in the lease agreement or with the written consent of the lessor.

The terms of the land sublease agreement must be limited to the terms of the land lease agreement and not contradict it , therefore, first of all, you need to familiarize yourself with the terms of the main land lease agreement. The lease agreement must provide for the possibility of subletting . If this possibility is not specified, sublease is not possible without additional agreement with the owner of the land plot . Without such consent, the sublease agreement may be invalidated.

The sublease agreement must specify:

• The subject of the contract (a plot of land with an indication of the cadastral number, location and area);
• Purpose of land use;
• The term of the sublease, which cannot exceed the term of the main lease agreement;
• The amount of rent and the order of its payment;

The land plot sublease agreement is concluded in writing. According to the Law "On State Registration of Real Property Rights and Their Encumbrances" , a land plot sublease agreement must be registered in the State Register of Real Property Rights . Without registration, the contract will not have legal force. Upon agreement of the parties, the land plot sublease agreement is notarized .

In case of termination of the lease agreement, the validity of the land plot sublease agreement is terminated.

The conclusion of a land plot sublease agreement requires compliance with legal requirements and coordination with all parties. It is important to clearly write down all the terms of the contract and ensure its registration. This will help to avoid legal problems, so we recommend contacting a lawyer or attorney who specializes in land law.

Templates that may be useful:
- Land lease agreement ;

- Financial agrarian receipt ;

- Agreement on provision of agricultural services ;

- Notification of termination of the land lease agreement .