Фото: Suspension and denial of state registration of rights and their encumbrances

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Suspension and denial of state registration of rights and their encumbrances

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Stop the consideration of the application for state registration of rights and their encumbrances.

If the documents for state registration of rights and their burdens are not fully provided for by the regulations, the state registrar decides to suspend consideration of the application within the period specified in parts 15, five and seven of Article 15 of this Law to consider the rights claimed. about the state registration of rights and their encumbrances and notifies the applicant in writing.

If the applicant has fulfilled the requirements of the state registrar within five working days after receiving the written notice, the general term for the consideration of the claimed right continues, taking into account the time that has elapsed before it stops.

In case of non-fulfillment of the above requirements, the state registrar shall decide on the refusal of state registration of rights and their encumbrances.

Stop the state registration of rights.
The state registration of the right of ownership and other real rights is suspended in the event a court decision is taken to prohibit the commission of actions related to the state registration of such rights.
The state registrar on the day of receipt of the court decision prohibiting the commission of actions related to the state registration of rights, decides to suspend the state registration of rights, of which he notifies the applicant in writing no later than the next day after his decision.
The state registration of the right of ownership and other real rights is suspended until the annulment of the court decision is canceled; it was the basis for the decision to suspend the state registration of rights.
The general term for the consideration of the claimed right continues, taking into account the time that has elapsed before it stops.

Denial of state registration of rights and their encumbrances.
The state registration of rights and their burdens may be denied if:
1) the claimed right, burdening is not subject to state registration in accordance with the Law of Ukraine "On state registration of rights to real estate and their encumbrances";

2) an immovable property located in the territory of another state registration authority;

3) an improper person has applied for state registration of rights and their burdens;

4) the submitted documents do not meet the requirements established by this Law, or do not allow to establish the compliance of the claimed rights with the documents that certify;
5) an application for state registration of rights related to the alienation of immovable property, submitted after state registration of encumbrances established in respect of this property, except for cases established by part one of Article 15 of the Law of Ukraine "On state registration of rights to immovable property and their encumbrances";

5-1) an application for state registration of encumbrances on real estate rights relative to the previous beneficiary filed after state registration of the ownership of such property under the new assignee;

5-2) an application for state registration of rights derived from the right of ownership, filed in the absence of state registration of the right of ownership, except for cases established by part nine of Article 15 of the Law of Ukraine "On state registration of rights to immovable property and their encumbrances";

5-3) when submitting an application for state registration of ownership of an enterprise as a single property complex, residential building, building (their separate parts), arising on the basis of a document under which the acquirer also acquires ownership of a land plot, an application has not been submitted on state registration of ownership of land;

5-4) after the completion of the five-day period from the date of receipt by the applicant of a written notice of the suspension of the consideration of an application for state registration of rights, the circumstances that led to such a decision are not eliminated;

5-5) an application for state registration of rights and their encumbrances in the commission of a notarial act with real estate, the object of construction in progress is not submitted to the notary who committed such an action;

5-6) an application for state registration of rights and their burdens in electronic form filed by a person who is not a state cadastral registrar or state performer;

6) the applicant has submitted the same documents on the basis of which the right is claimed and the burden of this right is already registered in the State Register of Rights.

If there are grounds for denial of state registration, the state registrar shall decide on denial of state registration of rights and their encumbrances.

Refusal of state registration of rights and their burdens on the grounds specified in paragraphs 4, 5-2 - 5-6 of the first part of Article 24 of the Law of Ukraine On State Registration of Rights to Immovable Property and Their Burdens ”does not deprive the applicant of the right to re-apply with subject to the removal of obstacles to state registration of rights and their encumbrances.

Denial of state registration of rights and their encumbrances on the grounds not provided for by the Law of Ukraine “On state registration of rights to real estate and their burdens” is not allowed.

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