State registration of ownership of real estate completed by August 5, 1992

First of all, it should be noted that from 2013 the right of ownership must be registered in the State Register of Real Property Rights. Only after its registration can such property be sold, donated or otherwise alienated.

Relations related to the state registration of ownership of constructed real estate are inextricably linked with the legislation in the field of urban planning, namely the Law of Ukraine "On Regulation of Urban Development".

Thus, in accordance with the provisions of this Law, the mandatory condition for the creation of an object of urban planning as an object of civil law relations, in respect of which property rights may arise, is the acceptance of such an object into operation. This is certainly aimed at implementing the provisions of Article 331 of the Civil Code of Ukraine.

As the Law of Ukraine "On Regulation of Urban Development" came into force on March 12, 2011, paragraph 9 of Section V "Final Provisions" provides a period for the commissioning of construction projects built without a construction permit, based on the results of their technical examination.
In particular, such objects included individual (manor) residential buildings, garden, country houses, farm (homestead) buildings and structures built between August 5, 1992 and March 12, 2011.

Given the above, individual (homestead) residential buildings, garden, country houses, farm (homestead) buildings and structures built in the period up to August 5, 1992 are not subject to the commissioning procedure, including a separate "simplified" procedure.

In fact, the only document that certifies the existence of a real estate object and contains its technical characteristics is a technical passport for such an object, made as a result of its technical inventory.

At the same time, in order to simplify the procedure of state registration of property rights to objects (individual (manor) houses, garden, country houses, farm (homestead) buildings and structures, extensions to them), located on the territories of village councils completed by August 5, 1992 without mandatory technical inventory of such facilities, on May 9, 2014 entered into force amendments to the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances", introduced by the Law of Ukraine of 15 April 2014 "On Amendments to Article 19 of the Law of Ukraine" On State Registration of Real Property Rights and Encumbrances "on the peculiarities of state registration of property rights to immovable property completed by August 5, 1992."

Similar norms are reflected in the new version of the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances", which gives from January 1, 2016.

Given the above, the above laws provide several alternative mechanisms for acquiring property rights under the simplified procedure of state registration of such rights to individual (manor) houses, gardens, cottages, farm (homestead) buildings and structures built before August 5, 1992, which and was reflected in the Procedure for state registration of real rights to immovable property and their encumbrances, approved by the resolution of the Cabinet of Ministers of Ukraine of December 25, 2015 № 1127 (hereinafter - the Procedure).

Thus, in accordance with the provisions of paragraph 41 of the Procedure for state registration of ownership of a newly built real estate object are submitted, in particular:

• technical passport for real estate;
• a document confirming the assignment of the address to the real estate object (except for the cases of providing information on the cadastral number of the land plot on which the individual (manor) dwelling house, garden, country houses are located). Thus the document which according to requirements of the legislation certifies acceptance in operation of the object completed by construction (individual (manor) apartment houses, garden, country houses, economic (homestead) buildings and constructions, extensions to them, constructed till August 5, 1992, ) is not submitted based on the provisions of the Law of Ukraine "On Regulation of Urban Development".

In turn, taking into account another, "alternative" mechanism of state registration, paragraph 42 of the Procedure provides that for state registration of ownership of individual (manor) houses, garden, country houses, farm (homestead) buildings and structures, extensions to them , located on the territory of village, settlement, city councils and completed by August 5, 1992, are submitted:

• a document certifying the real right to the land plot on which the real estate object is located, including the decision of the relevant council on the transfer (provision) of the land plot for use or ownership or information on the transfer (provision) of the land plot for use or ownership economic book;
• extract from the economic book, provided by the executive body of the village council (if such a body is not created - the village head), village, city council or the relevant archival institution.
  As for the documents for the homestead plot, it is necessary to get a decision (copy, extract) of the local council, by which the homestead land plot was transferred to the property, and this will be enough to register the ownership of the house. books on homestead land, which is accounted for by the household.

In addition, if the council decided to transfer the private plot to private ownership, then before selling the house, it is advisable to order technical documentation for the establishment of land in kind (on the ground), register the land in the State Land Cadastre and get an extract from it and then register your ownership of it.

After that, it is advisable to sell or otherwise alienate not only a house, but also a private plot of land.