Changes have been made to the re-lease of water bodies

Changes have been made to the re-lease of water bodies

On March 2, 2021, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine regarding the clarification of the procedure for leasing water bodies together with land plots” came into force.

The law states water bodies are provided for use under a lease agreement for a land plot together with a water body located on it in accordance with the procedure established by the land legislation of Ukraine. The right to lease a land plot under a water body applies to this water body.


A standard lease agreement for a land plot in a complex with a water body located on it is approved by the Cabinet of Ministers of Ukraine.


What are the duties of the lessee of a water body in the Complex with a land plot?


For the use of a water body, the lessee is obliged to pay the rent for the water body and the rent for the land plot under such a water body. It was established the following information is also indicated in the lease agreement for a land plot in a complex with a water body located on it:

✅ the amount of rent for a water body;


✅ volume and area of ​​a water body (water space), including fishery technological reservoirs;


✅ a list of hydraulic structures, linear structures, bridge crossings, as well as other infrastructure facilities located on the land plot (if any), their characteristics and condition;


✅ obligations of the lessee to implement measures for the protection and improvement of the ecological state of the water body, the operation of reservoirs and ponds in accordance with the established operating modes, as well as the need to register the right to use hydraulic structures and the right to special water use.


An integral part of the lease agreement for the land plot together with the water body located on it is the passport of the water body. The legislation stipulates:

1️⃣ 5 days after state registration of the right to lease a land plot of state or municipal property, provide a copy of the lease agreement to the appropriate tax authority. In the case of leasing a land plot together with a water body located on it – to the appropriate territorial body of the central executive authority also. It implements state policy in the field of water management;


2️⃣ a ban on the transfer of a sublease of a land plot in combination with a water body located on it.


To obligate tenants:


? provide other water users with special water use;


? to the implementation of measures for the protection and improvement of the ecological state of the water body, the operation of reservoirs and ponds in accordance with the established operating modes, as well as the need to register the right to use hydraulic structures and the right to special water use;


⚠️ In addition, agreements for the lease of water bodies concluded in accordance with the procedure established by law prior to the entry into force of this law. They are valid within the conditions determined by such agreements. The extension of such agreements is carried out without holding land auctions in the manner of concluding land lease agreements.


The parties to lease agreements for water bodies, lease agreements for land plots under water bodies, concluded before the entry into force of this law, which do not contain conditions on the amount of rent for the land plot or on the amount of rent for a water body, are obliged to determine such conditions within a year from the date of entry into force of this law.