Фото: superficies

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superficies

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In accordance with Article 413 of the Civil Code of Ukraine, the owner of a land plot has the right to grant it to another person for the construction of industrial, residential, socio-cultural, residential and other buildings and structures (superficies).

Such a right arises on the basis of a contract or will. The right to use a land plot granted for construction may be alienated or transferred by the land user by way of inheritance, except for the cases provided for in the third part of this article. The right to use a land plot of state or communal property for construction cannot be alienated by its land user to other persons (except for cases of transfer of ownership of buildings and structures located on such land plot), made to the authorized fund, transferred to pledge.

The right to use another's land plot for development may be established for a definite or indefinite period, except as provided for in part five of this article. The term of use of a land plot of state or communal property for development may not exceed 50 years.

Documents submitted for the state registration superficies:
application form;
a copy of the document certifying the identity of the applicant;
a document confirming the payment for the provision of an extract from the State Register of Rights;
document on the payment of state duty (if the person does not submit the document by which it is exempted from paying the state duty)
documents confirming the occurrence of * transition ** or termination of superficies ***;
a copy of the copy of the cadastral plan of the land plot on paper;
in the case of an application by an authorized person, such person, except for a document certifying his identity, shall submit to the state registration authority a copy of the document confirming his authority;
in the event of an application being submitted by an authorized person acting on behalf of a legal entity, such person also submits to the state registration authority an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs in relation to the person he represents.
Additional documents to the main package:
2.1. If the immovable property is in a mortgage or tax pledge, the applicant also submits to the state registration authority a document confirming the fact that the mortgagee has given consent or the state tax service for the transfer of property for construction or another definition of the legal fate of immovable property that is in mortgage or tax pledge.

2.2. To conduct a state registration of a superfit on the basis of a contract, according to which superficies are acquired in connection with the occurrence or non-occurrence of a certain event, the applicant also submits to the state registration authority a document confirming the occurrence or non-occurrence of such an event.

Documents confirming the emergence of superficies are:
1) a contract has been concluded in accordance with the law, the subject of which is real estate, the rights in respect of which are subject to state registration, or real rights in real estate or its duplicate. Such agreements, in particular, include an agreement on the transfer of land by the owner to the user for the construction of industrial, residential, cultural, residential and other buildings and structures;

2) a certificate of ownership of a share in the common property of spouses in the event of the death of one of the spouses, issued by a notary or a consular office of Ukraine, or its duplicate;

3) certificate of inheritance issued by a notary or consular office of Ukraine, or its duplicate. The testator may establish superficies in relation to all or part of their real estate in favor of third parties;

4) the decision of the court, which entered into legal force, on the right of ownership and other real rights to immovable property. Such decisions, in particular, include the decision on the recognition of a superficies for a certain person;

5) court ruling on approval (recognition) of a settlement agreement. From the terms of such an agreement may arise superficies rights;

6) other documents confirming the occurrence of superficies.

 

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