Analytics

Privatization of reclamation infrastructure and its impact on land rights

authors: Viktoriia Minets, Volodymyr Tsiupryk

05 August, 2026 Exclusive

The article analyses the changes effective from June 21, 2026, under Law No. 4795-IX, which substantially revised Ukraine's legal framework for land reclamation infrastructure. It explains the distinction between a land reclamation system, a land reclamation network, network components and other system components, as well as the separate registration of rights to those assets. The article also shows why title to a pumping station, pipeline, or network does not, by itself, secure land rights, access to water, or the ability to operate the entire system.

The article outlines the available business models: constructing a private network, acquiring private infrastructure together with statutory succession under relevant service agreements, obtaining services from a state operator, participating through a water users organisation, privatising eligible unused state or municipal assets, or implementing a project through a public-private partnership or concession. It also reviews operator governance, investment programmes and the two-part tariff for water delivery services.

Particular attention is paid to practical risks. State and municipal land reclamation infrastructure cannot be leased, privatisation is subject to strict eligibility requirements, and technologically connected assets may carry hidden technical and financial liabilities. Investment agreements concluded outside the mandatory public-private partnership or concession framework may be void, including certain agreements executed before June 21, 2026. This may trigger disputes over restitution, compensation for investments and the constitutional prohibition on retroactive legislation.

Businesses should therefore verify project and passport documentation, cadastral and title records, land and access rights, technical integrity, water use permits, service agreements, tariff exposure and the legality of the selected investment model.

The full version of the article is available in Ukrainian by the link.

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