How to obtain a certificate of ownership of real estate (house, apartment, land plot)?

To confirm that a certain person is the owner of property, it is not necessary to provide a title document. Until 2016, there was a possibility of forming a certificate of ownership of housing or land (hereinafter referred to as the certificate), but now more and more citizens are registering their rights in the State Register of Real Property Rights. But despite digitalization, it is still possible for individual citizens to obtain a duplicate certificate to confirm rights to a house, apartment, land. We will describe in more detail how this can be done below.

Certificate of ownership of real estate before 2016: what is it?

A certificate is an important document that confirms that you are the legal owner of real estate. Despite the fact that it was officially replaced by an extract from the State Property Registry after 2016, today local councils and notaries are responsible for issuing duplicates - when registering an inheritance or by court decision. Therefore, if you own real estate on the basis of such a certificate, it is sufficient confirmation of your right. At the same time, despite the presence of such a document, it would be better to also enter the relevant information into the state register, since the data from it will be personally checked by a notary in cases stipulated by law (for example, in the case of acceptance of an inheritance).

What documents today prove the existence of ownership rights to a house, apartment and land plot?

Currently, the ownership of a house, apartment or land plot, in addition to a certificate, is confirmed by:

• firstly, an extract from the State Register of Real Property Rights to Real Estate;
• secondly, a notarized contract;
• thirdly, a certificate of acceptance of inheritance;
• fourthly, a court decision that has entered into legal force;
• finally, a state act on land of the state sample (for land plots registered before 2013).

Issuance of a duplicate certificate of ownership of real estate by state bodies: what documents must be provided?

If the original of the specified document was lost by the property owner for one reason or another, it can be restored at a notary or at the Center for Providing Administrative Services of the relevant city or town. To obtain a duplicate of the specified document, the following documentation may be required:

• application of the established form (for the provision of the relevant administrative service);
• a power of attorney issued to the representative submitting the request (if necessary);
• documents certifying the identity of the owner of the real estate (in particular, a valid passport of a citizen of Ukraine and tax code);
• a document confirming the fact of loss of the certificate (if any);
• a BTI certificate (always needed if data on the real estate is missing from the Real Estate Registry).

Can they refuse to obtain a certificate of ownership of housing or land?

Such cases are possible, but only in accordance with the procedure prescribed by law. The refusal to issue a certificate must be motivated and can be appealed to the court (including by filing a lawsuit to recognize your ownership of the house, apartments, land plot). The main reasons for such a refusal are described below:

• incomplete package of documents;
• inconsistency of documents with current national legislation;
• the property is registered to another person;
• the application was submitted by an inappropriate person (or there is no power of attorney for the representative of the legal owner).

The list above is not exhaustive and may include other reasons for returning the application for a duplicate certificate without satisfaction. In order to obtain more detailed information, we recommend that you order a consultation with one of our real estate lawyers.

Registration of ownership of real estate and obtaining title documents today: how can a lawyer help?

Obtaining documents confirming the right to real estate requires attention and knowledge of the latest current practice in the legal field. A real estate lawyer from the company “Prikhodko & Partners” can significantly simplify the entire process for you and protect you from serious mistakes. Among the main services of this specialist in this context, the following should be highlighted:

• initial consultation to assess your request and form a course of action;
• checking the “legal” purity of real estate (for example, before concluding an agreement on the privatization of housing);
• preparation and submission of documents for registration of rights, making changes to the state register;
• support in forming a certificate from the technical inventory bureau;
• support in pre-trial settlement of a dispute regarding housing, land (including in the case of unauthorized occupation of a land plot);
• resolving non-standard situations, including through judicial appeals and others.

A real estate lawyer will be your reliable assistant in obtaining a certificate of ownership of real estate. To find out the cost of its maintenance and get a consultation, fill out the form below.