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Family law Receiving compensation by the heir for damaged or destroyed property

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sukhomlyn@prikhodko.com.ua

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Specializes in civil and family law. Experience in civil service in the field of DRACS (State Registration of Civil Status Acts) helped to better master the subtleties of civil and family and inheritance law. Also researches the inheritance law systems of continental Europe and the USA (I write scientific articles to enter graduate school)

Receiving compensation by the heir for damaged or destroyed property

After the destruction of their housing, people most often think of one thing: how to restore justice and recover at least part of what was lost.

However, an additional circumstance often arises that significantly complicates the situation: the owner of the house or apartment dies, and the family faces the question of whether the heir can receive compensation instead of them.

The practical answer is: they can, but on the condition that the heir acquires and duly confirms the right to the property in the manner established by law.

For the compensation procedure, the determining factor is not the fact of kinship itself, but the existence of formalized ownership rights or a share, confirmed by documents and state registration data.

The most important rule for the heir

The compensation procedure almost always begins not with an application for compensation, but with inheritance and registration of the right.

In short, the logic in most cases is as follows:

Open an inheritance case and accept the inheritance with a notary.
Receive a certificate of the right to inheritance.
Register the heir’s ownership right or share in the State Register of Real Property Rights.
Submit an application for compensation according to the procedure that corresponds to the situation.

When this order is skipped or reversed, the case often stalls during document verification.

If the housing is destroyed

When housing is destroyed, the state provides several options for compensation. The specific format depends on the situation, the type of object, and the chosen method of restoring housing conditions.

The most common forms applied are:

a housing certificate for the purchase of housing;
monetary funds for rebuilding on one’s own land plot;
receipt of housing restored within the framework of local programs to replace the destroyed one.

The amount of compensation for destroyed housing is determined by a formula and depends on the type of object, area, and coefficients. To understand the scale of the amounts, I will provide the basic indicators used in the calculations.

For an apartment, the following are applied:

basic cost per 1 sq. m: 36,422.33 UAH
area taken into account: up to 150 sq. m

Coefficients by number of rooms:

1-room: 1.0261
2-room: 0.9307
3-room and more: 0.9096

Coefficients by year of construction:

1800–1917: 0.9
1918–1990: 1
from 1991: 1.03
object of cultural heritage (starting from 1800): 1.22

For a private house, the following are applied:

basic cost per 1 sq. m: 22,197.14 UAH
area taken into account: up to 200 sq. m

If compensation for rebuilding is chosen, the funds usually arrive in tranches

The typical logic is as follows:

first tranche: 50% of the amount;
second tranche: after using at least 90% of the funds from the first tranche and passing an intermediate inspection.

For an heir in such cases, the correct “legal start” is crucial. Before applying for compensation, they must complete the inheritance block and state registration of the right.

Without formalizing the inheritance and entering the ownership right or share into the register, the procedure is often not viable.

If the housing is damaged

Damaged housing – is about repairs. Compensation provides for categories of work and maximum amounts. Payment can be one-time or phased, where the completion of repairs needs to be confirmed.

In inheritance situations, there is another sensitive point here. If there are several heirs, or another co-owner, actions must be agreed upon immediately.

Who submits the application, what confirmations are provided by other co-owners, how is their position recorded. Without this, the procedure may be blocked.

Why cases stop most often

The most common reason for the suspension or delay in the consideration of an application – is the lack of confirmed information about the ownership right in the State Register of Real Property Rights.

This is typical for objects whose right was formalized before 2013 under “old” rules (through the BTI or based on title documents), but after 2013 no registration actions were carried out regarding such an object, as a result of which the information may not have been entered into the Register.

In such a situation, the priority becomes not the issue of compensation, but bringing the property documents into compliance with the requirements of state registration.

Usually, it is necessary to ensure the entry of information into the Register, eliminate discrepancies or errors in the title documents (address, area, composition of co-owners, requisites), obtain archival confirmations (in particular from the BTI) and, if necessary, restore lost documents.

Only after proper state registration of the ownership right does the compensation procedure, as a rule, become technically and legally possible.

It will also be useful: How can an heir receive compensation for a destroyed home?

Regarding inspection and additional materials

In cases concerning destroyed housing, a decision is not always made immediately. The commission may assign an inspection of the object, and in some cases, it is conducted remotely.

Another common situation is when the consideration of the application is suspended and the applicant is sent a request for additional materials or clarification.

To avoid losing time and delaying the procedure, it is advisable to act promptly and prepare a package of evidence.

It is usually advisable to have:

photo and video recording of the destruction (with dates, if possible with reference to the location);
acts, certificates, notifications, or other official documents confirming the fact of damage or destruction;
technical conclusions or other documents describing the nature of the destruction (if available);
documents confirming the right of ownership.

The more structured and complete the package is formed, the fewer grounds there are for additional requests, pauses in consideration, and formal refusals due to “insufficiency” of confirmations.

Special situation with a housing certificate

There are cases when the owner has already received a housing certificate and terminated the right of ownership to the destroyed property during their lifetime.

For heirs, such stories can be procedurally more complex, as different stages of the procedure are tied to checking the right in the registers.

Here it is important not to act at random, but to immediately build the correct legal strategy.

The role of a lawyer

In inheritance cases for compensation, a lawyer is needed not just to submit an application. Their role is to make your case viable and not waste time on steps that will not yield results.

Usually, a lawyer helps to:

assess which procedure is suitable precisely for your situation and where to start;
correctly formalize inheritance actions and monitor deadlines;
resolve the issue with the registration of the right in the state register;
prepare a package of evidence regarding damage or destruction;
settle issues with co-owners and multiple heirs;
in complex cases, form a position for the protection of rights, if the issue does not move forward without official appeals or a court decision.

If you are an heir and want to receive compensation, I advise you to start by checking three points: whether the inheritance has been accepted, whether the ownership right has been entered into the register, and which specific procedure applies in your case. This provides clarity and saves a lot of time.

Calculate the cost of services

1 question

Are you an heir and want to receive compensation for destroyed or damaged housing?

Yes

2 question

Is the right to the property formalized and registered in the DRRP, or do you need help with registration?

Yes

3 question

Are there co-owners or several heirs, and do you need to coordinate the submission without the risk of blocking?

Yes

4 question

Do you need support in submitting documents to national and international compensation mechanisms?

Yes

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APOSTILLE ON THE DECISION OF THE COURT

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THE TRANSFER OF LAND BY INHERITANCE

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