Land survey

27 Administration in the Sphere of Land Relationships

2.7. Land survey

Land survey is legislatively defined as the complex of social, economic and environmental measures aimed at regulation of land relations and reasonable planning of the territory of administrative units, business entities, which is done on the basis of social and industrial relations and the development of productive forces” (art. 1 LU On land survey, art. 181 LCU). In fact this definition (which sound weird not only in English translation but also in Ukrainian original) equals land survey with land relationship regulation; it does not correspond to the context in which the term is used, being too wide. And of course, such definition should not be included into the law at all, considering, that it is the context what defines the meaning of the term.

The context can be described by legislatively defined elements of land survey (art. 184 LCU):

“а) delimiting (restoring) the boundaries of administrative units, land parcels in use and in tenure in kind;

б) developing state and regional programs of land use and protection of lands;

в) developing land survey schemes, developing feasibility studies of land use and protection of lands of relevant administrative units;

г) drafting the boundaries of territories with special conservation, recreational and protected regime;

ґ) drafting the projects of improvement of existing land parcels and forming new ones;

д) drafting documentation on land allotment;

е) setting land parcel boundaries in kind;

є) drafting documents certifying ownership right or tenancy right in cases provided for by law;

ж) drafting land survey technical documentation for crop rotation, planning the territory of land parcels, as well as planning of measures of land protection;

з) drafting other land survey documentation related to land use and protection of lands;

и) conducting field supervision over the land use and land protection projects implementation;

і) conducting topographic and geodesic works, mapping, soil, geo-botanical and other land studies and researches.”


Rules related to these works and measures are stipulated in LU On land survey and in a number of governmental regulations which define the procedure for drafting land survey documentation and the requirements to its substance.

As it could be seen, according to Ukrainian legislation land survey includes mostly developing documentation for projects and measures related to land use and protection of lands. Technically it does not extend to approval of this documentation, however, in my opinion, the stage of approval in fact is also a part of land survey procedure see, for instance, art. 30 LU On land survey, which governs approval of land survey documentation.

In my opinion, an integral part of land survey is also the state land survey examination of land survey documentation, governed by LU On state land survey examination, § 3 art. 186 LCU, the Regulation of the Cabinet of Ministers of 12.07.2006 №974 On approval of the Procedure for registering the objects of state land survey examination and of the standard form of the expert opinion, the orders of the State Committee for Land Resources On approval of the Method for state land survey examination of 03.12.2004 №391, On organizing the state land survey examination of 29.01.2009 №51.

NB. For example, in 2006 the State Committee for Land Resources conducted state land survey examination of 1800 items of land survey technical documentation, of which 839 (46,6%) were evaluated positively, 239 (13,3%) - negatively, and 722 (40,1%) were remitted for corrections1.


Sample of the state land survey examination opinion

(a full-size copy is available at www.amm.org.ua)


Land survey works as a type of business activity are subject to licensing (item 58 art. 9 LU On licensing certain types of business activity). Licensing requirements for conducting land survey as a business activity are approved by the Order of the State Committee for Land Resources of 05.08.2009 №423. Today, however, licensing of this type of business activity is burdened by a great number of practical problems see, for instance. The relevant topics of Land Surveyors Forum of Ukraine2.


Excerpt from the land survey documentation of land allotment

(see www.amm.org.ua for a full-size copy)




1 Про підсумки роботи Держкомзему за 2006 рік та завдання на 2007 рік // Поточний архів Державного комітету України по земельних ресурсах.

2 Форум землевпорядників України // [Електронний ресурс]. Режим доступу: http://www.zemres.com/forum/viewforum.php?f=35.