Registration actions as a result of division, separation of the share from the object of real estate or the association of real estate

Paragraph 20 of the Procedure for state registration of real rights to immovable property and their encumbrances, approved by the Decree of the Cabinet of Ministers of Ukraine dated December 25, 2015, No. 1127 (hereinafter referred to as the Order) provides an algorithm for actions of the registrar in case of registration actions as a result of division, allocation of a share from an object real estate or a combination of real estate.

State registration of ownership of real estate, formed by the division of property, including as a result of the allocation of a separate object of real estate from the composition of real estate, consisting of two or more objects, or the association of property, is carried out subject to availability the technical feasibility of such a division or association of real estate and the possibility of using such property as an independent object of civil legal relations.

For state registration of ownership of a land plot created by division or association, shall be filed:

• a document certifying the ownership of a land plot before its division or association (except in cases where the ownership of such land is already registered in the State Register of Rights);
• an extract from the State Land Cadastre on a newly formed plot of land.

For state registration of ownership of an object of immovable property created by dividing or merging, shall be submitted:

• a document certifying the title to the object of immovable property before its division or association (except when the ownership of such an object is already registered in the State Register of Rights);
• a document that according to the requirements of the law certifies the acceptance into operation of the completed construction of the facility (except for cases when the object of real estate is created by dividing or merging without carrying out construction works, which according to the legislation require obtaining permission for their execution);
• technical passport for newly created real estate;

a document confirming the assignment of the object of real estate to the address (except for cases of division or merger of such objects of real estate, as an apartment, residential or non-residential premises, etc.).

A document that according to the requirements of the law certifies the acceptance into operation of the completed construction of an object is not required if the registration of such a document was carried out in the Unified Register of Documents.

In this case, the state registrar, in accordance with the information provided by the applicant in the corresponding application about the registration number of the document, which according to the requirements of the legislation certifies the acceptance into operation of the completed construction of the object, shall verify that such registration exists in the Unified Register of Documents, there is no contradiction between the declared rights and information contained in this Register.

For the state registration of ownership of real estate created by dividing or merging property that is in common ownership, in addition to the documents provided for in paragraph 54 of the Procedure for state registration of real rights to immovable property and their encumbrances, written consent of all co-owners is also given to holding divisions or mergers of property in common ownership.

In the event that as a result of the division or merger of the property being in common ownership, the size of the shares in such a right of joint ownership varies, a written application or a co-ownership agreement shall also be filed on the distribution of shares in joint ownership of such property.

At the same time, the right of joint ownership of immovable property, created by dividing or merging the property, does not cease.

For the state registration of the property right to real estate, which is created by dividing, separating in kind the share of property that is in common ownership and resulting in termination of the right of joint ownership for all or one of the co-owners, shall be filed:

1. an agreement on the division of common property, a contract on the allocation in kind of a share of common property or a corresponding court decision;
2. documents provided for in paragraph 54 of the Procedure for state registration of real rights to immovable property and their encumbrances, in addition to a document certifying the right to ownership of immovable property before its division or separation in kind of shares.

In the event that as a result of the allocation in kind of the share of the property in common ownership, co-owners who did not make a distinction in kind of shares, the size of the shares in the right of joint ownership changes, a written application or a co-owners' agreement on the distribution of shares in joint ownership for such property.

In the course of the state registration of the ownership of immovable property remaining in joint ownership after the allocation in kind of shares of one of the co-owners, the state registrar shall indicate equal shares in the right of joint ownership of such property, except in the case provided for in paragraph four of this paragraph, or if the other is not established by law.