Government approves model form of agreement on establishment of a land easement for location of energy facilities and transmission of electricity
On 26 January 2022, the Cabinet of Ministers of Ukraine approved Resolution №49 with a model form of agreement on the establishment of a land easement (servitude) for the location of energy facilities and the transmission of electricity.
This resolution was adopted to fulfil the requirements of Part 8 of Article 16 of the Law of Ukraine "On energy lands and the legal regime for special zones of energy facilities" amended in July 2021.
According to the approved model form, the easement agreement must contain provisions on:
- the content of the land easement
- information on the land plot in respect of which the land easement is established, in particular the cadastral number of the land plot (if available), the location of the land plot, the total area, the intended purpose, the form of ownership, etc.
- the area of the land plot for land easement (servitude)
- the amount of the fee for the establishment of the easement (servitude) and the procedure for its payment
- rights and obligations of the parties
- the term of the easement
- modification of the agreement and termination of its action
- liability for non-performance or improper performance of the agreement
The content of the easement (servitude) may include the following rights (one or more simultaneously):
- placement of supporting structures of overhead power transmission lines
- placement of transformer substations
- placement of distribution points, devices and structures
- construction or carrying out planned repair works of linear facilities of energy infrastructure
- construction, reconstruction, capital repair, placement and operation of linear facilities of energy infrastructure
- pedestrian and vehicular approaches, as well as transportation of construction and other materials through the land plot for construction and operation of linear facilities of energy infrastructure
- placement of information boards, warning signs related to the construction and operation of linear facilities of energy infrastructure on the land plot
- conducting exploratory, research and other work for the construction of linear facilities of energy infrastructure
Information on the boundaries of the part of the land plot covered by the land easement (servitude) must be entered into the State Land Cadastre as prescribed by the law. The right of land easement (servitude) arises after its state registration.
Established right of land easement (servitude) for the construction of electricity and heat transmission facilities is the basis for the introduction of restrictions on the use of the land plot, as well as obtaining a permit to begin construction of such facilities.
For more information, please contact Asters` Counsel Anzhelika Livitska and Associate Victoria Kurus.
