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Perepelchenko Anatolii

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Lawyer, specializing in real estate, corporate, tax, civil and contract law, as well as litigation.

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WHAT TO DO IF THERE ARE NO DOCUMENTS FOR PROPERTY THAT WAS DESTROYED AS A RESULT OF MILITARY ACTION?

If an object of immovable property was destroyed or damaged as a result of the armed aggression of the Russian Federation, its owner has the right to receive compensation from the state. Instead, one of the conditions for receiving such compensation is the presence of legal documents confirming the ownership of the destroyed property.

Rocket attacks and hostilities often catch homeowners by surprise. In a situation where it is necessary to save life, not everyone can take care of documents, both for identity cards and for property.

The question arises: does a citizen of Ukraine still have the right to compensation for damaged property in the event that the documents for this property are lost? And the answer is unequivocal: yes! However, the complexity of the procedure for proving ownership of the destroyed property depends on the nuances. Specialists in real estate and construction practice of the legal company “Prykhodko and Partners” have prepared general explanations.

Ways to restore documents for destroyed property

The complexity of restoring documents varies from cases where homeowners will not have to do anything at all, and to circumstances where the only way out will be to go to court. Let’s consider possible options:

  • Use of information from the Unified Register of Real Property Rights.
    If the housing is entered in the register, the owner does not have to do anything – when submitting a report about the destruction through the “Diya” service or in the TsNAP, information about the object will be automatically pulled. After 2013, all information about the change of the owner of the real estate object is entered in the register, regardless of how it happens.
  • Obtaining a duplicate of the title document.
    According to Ukrainian legislation, a duplicate has the same legal force as the original. Instead, a duplicate can only be issued by the same body that issued the original. So, the specific steps for obtaining a duplicate depend on the way in which the ownership of housing was acquired: through privatization, through the distribution of property between former spouses or heirs, through the conclusion of a sales contract, etc.

Example: The owner bought an apartment before 2013. Therefore, he concluded a notarial contract of sale with the seller, which is the title document for this real estate object. For a duplicate of the contract, you should contact the same notary who certified the sales contract.

  • Court decision on recognition of ownership.
    In a small number of cases, you will have to go to court with lawsuits. A lawyer will help you find out whether your case falls into this category.

Bill № 7198

Most of the dots above the “i” should place the adoption of a separate law on the mechanism of obtaining compensation for destroyed property. In particular, draft law No. 7198 refers to the possibility of submitting an application for compensation even in the absence of documents, if they were lost.

The recipient of compensation is given the opportunity to submit additional documents later or to contact the Commission for consideration of issues regarding the provision of compensation for damaged and destroyed real estate objects with a request to assist in obtaining such documents. However, the parliament is in no hurry to adopt the law. Changes are still possible in the algorithm for restoring documents for destroyed property.

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