REAL ESTATE OBJECTS SUBJECT TO PUBLIC REGISTRATION

According to Art. 182 of the Civil Code of Ukraine (hereinafter referred to as the Code) the right of ownership and other real rights to immovable things, encumbrance of these rights, their occurrence, transition and termination are subject to state registration. Under the Code, immovable property (real estate, real estate) includes land plots, as well as objects located on a land plot, the movement of which is impossible without depreciation and change their purpose (Part 1 of Article 181).

Part 1 of Art. 5 of the Law of Ukraine “On state registration of real rights to immovable property and their encumbrances” provides for state registration of rights to such immovable property:

– ground section;

– enterprises as the only property complexes;

– residential buildings;

– buildings;

– structures, as well as their separate parts;

– apartments;

– residential and non-residential premises.

Ownership of the enterprise as the only property complex, a residential building, a building, a building, as well as their separate parts, may be registered irrespective of whether the ownership right or other property right for the land on which they are located is registered.

Ownership of an apartment, residential and non-residential premises may be registered irrespective of whether the ownership of a residential building, a building, a building, as well as their separate parts in which they are located, is registered.

Not subject to state registration of real rights and their encumbrances on minerals, plants, as well as small architectural forms, temporary, non-capital buildings, located on a land plot, the movement of which is possible without their depreciation and change of destination, as well as separately for the structures that are belonging to the main thing or part of the thing, in particular to the main and industrial pipelines (including gas distribution networks), highways, electric networks, main heating networks, communication networks, railways .

If the state registrar is unreasonably, unreasonably refused to conduct registration actions, then the decision of the state registrar may be appealed to the court.

If after the consideration of the complaint a decision is made on its satisfaction, in such case the decision to refuse the state registration of rights and the subject of consideration of the complaint shall be canceled, the state registration of the rights to the real estate is being canceled.

Posted by Nikolai Baranovsky

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