Polyakova Iryna Viktorivna

Assistant lawyer

Phone numbers
+38 (073) 007-44-15

Assistant lawyer in real estate and construction practice, commercial law practice. Specializes in supporting the "eReconstruction" and "eHousing" programs, providing clients with professional support in the restoration and purchase of housing. Provides services in the privatization of apartments, real estate valuation.

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Case: Privatized an Apartment Without an Allocation Order in Kyiv and Secured 100% Ownership for the Client

Real estate and construction
Reading time: 4 min.

Service: Apartment Privatization

Client’s Situation

A client from the Solomianskyi district of Kyiv contacted the law firm “Prikhodko & Partners” because he wanted to privatize a one-room apartment. Two people were registered in the apartment — the client and his adult son. The main problem was the absence of one of the key documents required for privatization — the apartment allocation order. The situation was complicated by the fact that:

  • the client did not have the original allocation order;
  • the only remaining document was a certificate confirming that the apartment had been provided;
  • without confirmation of the lawful grounds for using the apartment, completing the privatization procedure was problematic;
  • it was necessary to determine whether the allocation order had been preserved in archival records;
  • both the client and his adult son were registered in the apartment, so the privatization process had to take the rights of both individuals into account.

That is why the client sought comprehensive legal assistance to restore the necessary documents and privatize the apartment.

What Did We Do?

1. Conducted a Legal Analysis of the Documents

  1. We analyzed the documents available to the client,
  2. verified the legal grounds for using the apartment,
  3. identified which documents were missing for privatization,
  4. developed a step-by-step plan for further action.

The key task was to confirm the right to use the apartment and locate the missing allocation order.

2. Started Searching for the Apartment Allocation Order

To determine the location of the document, our team prepared and submitted attorney requests:

  • to the property management company;
  • to the Municipal Service Center;
  • to the housing maintenance office;
  • to institutions where archival documents relating to the apartment could potentially be stored.

3. Found the Original Allocation Order in the Archive

As a result of working with archival records, we managed to find the original apartment allocation order in the archive of the housing maintenance office. This document became crucial for the further privatization process and confirmed the lawful grounds for using the apartment.

4. Collected the Full Set of Documents for Privatization

After obtaining the allocation order, we:

  • collected the necessary documents relating to the apartment;
  • prepared documents concerning the registered residents;
  • verified that the document package was complete;
  • prepared the documents for submission to the privatization authority.

5. Submitted the Documents and Supported the Privatization Process

We submitted the complete package of documents to the privatization department and supported the procedure until a positive decision was obtained. As a result, the apartment was privatized into the joint ownership of the client and his adult son.

6. Helped the Client Become the Sole Owner of the Apartment

After the privatization was completed, the client decided to register the entire apartment in his own name. For this purpose, our team arranged notarial support:

  • prepared for the transfer of the ownership share;
  • organized the notarial procedure;
  • executed a gift agreement for the apartment share;
  • the son transferred his share to his father as a gift.

As a result, the client became the sole owner of the entire apartment.

Result

  • The original lost apartment allocation order was found
  • A complete set of documents for privatization was collected
  • The privatization department issued a positive decision
  • The apartment was successfully privatized
  • The subsequent execution of the gift agreement was arranged
  • The client became the sole owner of the apartment

Thus, we not only resolved the issue of the missing allocation order and completed the privatization process, but also helped the client secure 100% ownership of the property.

Photo Evidence of the Result

Key Takeaways from This Case

  • The absence of an allocation order does not always mean that an apartment cannot be privatized

If the document has been lost, it is necessary to check the archives of the institutions that previously handled the allocation and maintenance of the housing.

  • Attorney requests can help recover the necessary documents

In this case, working with the property management company, the Municipal Service Center and the housing maintenance office made it possible to locate the original allocation order and continue the privatization process.

  • The rights of all registered residents must be taken into account

If adult family members are registered in the apartment together with the tenant, their rights must be taken into account when completing the privatization process.

Even a Complicated Privatization Process Can Be Handled on a Turnkey Basis

The absence of documents is not always a reason to abandon privatization. A properly developed legal strategy makes it possible to restore the necessary documents, complete the procedure and register ownership rights.

This case demonstrates that even the absence of an allocation order does not always prevent the privatization of an apartment. Our team found the original document in the archive, supported the apartment privatization process and, after its completion, arranged the transfer of the son’s share under a gift agreement. As a result, the client became the sole owner of the apartment. To assess whether your property can be privatized, complete the form below.

Calculate the cost of services
1 question

Do you need to privatize an apartment, but the allocation order is missing or has been lost?

Yes
No
2 question

Is the apartment located in Kyiv or Kyiv Region?

Yes
No
3 question

Are there other adult residents registered in the apartment?

Yes
No
4 question

Do you need full turnkey support for the privatization process?

Yes
No
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