STATE REGISTRATION OF TERMINATION OF TITLE TO IMMOVABLE PROPERTY IN CONNECTION WITH ITS ANNIHILATION

According to Art. 71 of the Regulation "On the State Registration of Real Rights to Real Estate and Encumbrances" of December 25, 2015, No. 1127

For state registration of termination of title to the object of immovable property, the object of unfinished construction in connection with its destruction shall be filed:

1) a document confirming the fact of such destruction;

2) a document certifying the title to the object of immovable property (except in cases where the ownership of such an object is already registered in the State Register of Rights or when such documents were destroyed simultaneously with the destruction of such an object).

In accordance with the Provisional Provisions on the Procedure for the State Registration of Property Rights to Real Estate, approved by the Ministry of Justice of Ukraine Decree No. 7/5 dated February 7, 2002, it is necessary to submit to the BTI a notarized statement on the waiver of the ownership of the structure in connection with her absence.

In accordance with Article 349 of the Civil Code of Ukraine, the right to own property is terminated in case of its destruction. In the case of destruction of the property, the rights to which are subject to state registration, the ownership of this property shall be terminated from the moment of submission of the owner of the changes in the state register upon the request of the state.

Thus, the condition for the termination of the right to ownership of the destroyed real estate is the corresponding statement of the owner, which, in accordance with Articles 316, 317 of the Civil Code of Ukraine, is recognized as a person who, on his or her own discretion, alone, or jointly with other entities, owns, uses and disposes of his belongings ( im) property.

Article 30 of the Law of Ukraine "On Local Self-Government in Ukraine" provides for delegated powers of the executive committee in matters concerning registration in accordance with the law of the housing stock, as well as the exercise of control over its use.