PUBLIC REGISTRATION OF RIGHTS FOR REAL ESTATE
State registration of real rights to real estate (hereinafter – state registration of rights) – official recognition and confirmation by the state of the facts of occurrence, transition or termination of rights to real estate, encumbrance of such rights by entering the corresponding record in the State Register of real rights to real property (Article 2 of the Law Of Ukraine dated July 1, 2004 No. 1952-IV “On the State Registration of Real Rights to Real Estate and their Encumbrances”, as amended on May 13, 2014 (hereinafter referred to as the Law of Ukraine).
State registration of rights is mandatory, information on rights to immovable property and their encumbrances shall be submitted to the State Register of Rights. The state guarantees the authenticity of registered rights to real estate and their encumbrances.
For the state registration of rights, the applicant submits to the state registration body rights, a notarial application, the form and requirements for filling which is established by the Ministry of Justice.
The state registration of the right of ownership and other real rights is carried out at the location of the real estate object within the territory in which the relevant state registration body of the right of ownership and other substantive rights is in force.
Obligatory state registration is subject to real rights and encumbrances on immovable property located on the territory of Ukraine owned by natural and legal persons, a state represented by bodies authorized to manage state property, foreigners and stateless persons, foreign legal entities, international organizations, foreign states, as well as territorial communities in the person of local self-government bodies, namely:
ownership of real estate;
right of ownership; right to use (servitude); the right to use a plot of land for agricultural purposes (emphyteusis); the right to develop a land plot (superficies); the right of economic management; the right of operational management; the right of permanent use and the right to lease a land plot; the right to use (hire, lease) a building or other capital buildings, their separate parts; mortgage; trust management of property;
a tax deposit, the subject of which is real estate, and other encumbrances (part 1 of Article 4 of the Law of Ukraine).
Ownership of the enterprise as the only property complex, a residential building, a building, a building (their separate parts) may be registered irrespective of whether the ownership of the land plot in which they are located is registered.
Ownership of an apartment, residential and non-residential premises may be registered regardless of whether the ownership of a residential building, a building, a building (their separate parts), in which they are located, is registered.
The State Register of Rights records real rights and their encumbrances on land plots as well as real estate objects located on a land plot, the movement of which is impossible without their depreciation and change of purpose, namely: enterprises as the only property complexes, residential buildings, buildings, structures (their separate parts), apartments, residential and non-residential premises.
The system of state registration of rights consists of:
Ministry of Justice of Ukraine;
the central executive body, which implements the state policy in the field of state registration of rights.
The holder of the State Register of Rights is the central body of executive power, which implements state policy in the field of state registration of rights.
The administrator of the State Register of Rights is a state-owned enterprise belonging to the management of the Ministry of Justice of Ukraine, is engaged in the creation and maintenance of software of the State Register of Rights and is responsible for technical and technological support, preservation and protection of data contained in the State Register of Rights (Article 6 Law of Ukraine).
Posted by Nikolai Baranovsky