Rental contract for a building or other capital facility in Ukraine


Rental contract for a building or other capital facility in Ukraine. Rental of a building or other capital facility in Ukraine is governed also with provisions of the special clauses 793 to 797 of the Civil Code of Ukraine.

In addition to the common provisions of the Civil Code of Ukraine, clause 793 of the Civil Code of Ukraine provides that the rental contract for a building or other capital facility (or a separate part of it) is to be made in the written form. The rental contract for a building or other capital facility (or a separate part of it) with duration of three years and more is to be notarized as well.

Clause 794 also requires the state registration of the rental contract for a building or other capital facility (or a separate part of it) with duration of three years and more.

Transfer and return transfer of a building or other capital facility (or a separate part of it) is to be executed in the form of appropriate statements of transfer and acceptance. Running of the rental duration starts from the moment of signing appropriate statement of transfer and acceptance by the parties of the contract.

In accordance with clause 796 of the Civil Code of Ukraine together with the right to use a building or other capital facility (or a separate part of it) the tenant gets the right to use appropriate land plot, whereon such building or other capital facility (or a separate part of it) is located, as well as the right to use appropriate land plot, which is attached to the building or other capital facility (or a separate part of it) and reasonably required for normal use of the rented property.

Parties of the rental contract are allowed to set in the contract the area of the land plot, which is transferred to the tenant together with the building or other capital facility (or a separate part of it), otherwise the tenant get the right to use whole land plot, which was owned by the renter. If the renter is not the landlord of the land plot, anyway it is established that he agrees with such transfer of the land use right, if otherwise is not set in the land rental contract of the renter with the landlord.

The rental payment, which is collected from the tenant of a building or other capital facility (or a separate part of it), consists of the payment for using such building or other capital facility (or a separate part of it) and the payment for using the land plot.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other required legal support, assistance, coverage and protection.

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