Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Cancellation of state registration of real rights to real estate and their encumbrances by court decision
The procedure for appealing the actions and decisions of state registrars is provided for in the Law of Ukraine No. 1952-IV. According to its provisions, there is a mandatory legal mechanism for canceling entries in the State Register of Real Rights to Real Property (hereinafter referred to as the SRRP). It is implemented by obtaining a relevant court decision, the execution of which becomes mandatory after the expiration of the deadline for appeal. Such a mechanism is very important in the context of effective protection of citizens’ rights and ensuring the reliability of information in the SRRP itself.
When is the state registration of real rights to real property and their encumbrances subject to cancellation?

State registration is subject to cancellation in several cases:
- firstly, after the entry into force of a court decision that cancels the decision of the state registrar;
- secondly, the exclusion of the entry by the state registrar from the Real Estate Register on his initiative in the event of the destruction of the real estate object, its division or merger.
Currently, the main method of appeal is still an appeal to the court. The main grounds for cancellation of state registration of real rights to real estate and their encumbrances are the following:
- the invalidity of the transaction on the basis of which the registration was carried out (for example, if the purchase and sale agreement was concluded in violation of the requirements for its form and content);
- the invalidity of the state registration itself (the submitted documents do not meet the requirements of the law, the state registrar violated the procedure for performing the relevant registration actions, there was a violation of the rights of other persons, etc.);
- the actual absence of the real estate object at the declared address.
A lawsuit to the court to cancel the state registration of real rights to real estate and their encumbrances
Which court should I apply to (jurisdiction)?
Cases on the issue of appealing the actions of the state registrar are considered in accordance with current national legislation under the rules of civil or commercial proceedings (depending on the parties to the dispute). In particular, civil jurisdiction includes disputes where an individual files a lawsuit to cancel the registration due to suspicion of illegal registration of rights to real estate by another individual. At the same time, it is worth going to the commercial court when the participants in the dispute are business entities. These are the conclusions reached by the Supreme Court in its latest practice.
What should be added to the lawsuit to cancel the state registration?
In addition to the fact that the lawsuit to the court must meet the basic requirements of the Civil (Commercial) Procedural Code, it is worth carefully preparing additional documents. The following must be attached to the claim:
- copies of the specified document in the number corresponding to the number of participants in the dispute;
- the original receipt for payment of the court fee (in the amount determined in accordance with the Law of Ukraine No. 3674-VI);
- evidence confirming the circumstances (originals or duly certified copies);
- an extract from the Register of Civil Status confirming the contested registration act;
- documents confirming the authority of the applicant’s representative (for a lawyer – this is a copy of the certificate and warrant), etc.
Important! The claim may be refused if the plaintiff does not also properly indicate the calculation of court costs. Such costs include, as a general rule, the amount of the court fee, payment for lawyer services, conducting court examinations, etc. For more detailed information, we recommend that you contact our specialized lawyer.
What is the amount of the court fee?
As a general rule, for filing a claim for the cancellation of state registration of real rights to real estate or their encumbrances, you must pay 1 subsistence minimum (for entrepreneurs) or 0.4 subsistence minimum (for citizens). In 2025, this is equal to 3018 and 1211.20 hryvnias, respectively. At the same time, for some categories of citizens there is a privilege that allows you not to pay the court fee. You can get more information by consulting our real estate lawyer.
Cancellation of state registration of real rights to real estate and their encumbrances by court decision
According to Article 31-1 of the Law of Ukraine No. 1952-IV, the specified procedure has its own peculiarities:
- firstly, on the day the court decision enters into force, the State Court Administration ensures the transfer of a copy of such a decision to the State Registry of Civil Status;
- secondly, after the court decision is received, the state registrar is obliged to make appropriate changes to the State Registry of Civil Status without the possibility of appealing it.
Therefore, the procedure for canceling state registration is now largely automated and allows you to save a significant amount of time. At the same time, it is important to clearly understand the grounds and procedure for applying to court in order to effectively protect your rights. Our lawyers can effectively help with this, the services of which we will discuss in more detail below.
How can the lawyers of the company “Prikhodko and Partners” help?
Introductory consultation
Our lawyers will conduct a thorough analysis of all the circumstances of your case, determine the legal basis for the cancellation of state registration, and also explain to you all the appropriate procedures. As a result, you will be informed about the entire procedure, documents and approximate costs of the appeal. With this information, you can either handle the case yourself or order the service of a lawyer’s support in court.
Representation in court
Our lawyers provide qualified drafting of claims, prepare all necessary motions, statements, objections, and contribute to the proper preparation of evidence. The specialist will also effectively represent your interests at court hearings and, if necessary, challenge the decision of the court of first instance in an appeal or cassation.
Lawyers of “Prikhodko & Partners” will help to cancel the state registration of real rights to real estate and their encumbrances, obtaining a court decision in the shortest possible time. To find out the cost of such a service – fill out the form below.
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
You may also need:
Declaration on commissioning of real estate objects
Read moreAgreement for the purchase and sale of an apartment (real estate)
Read moreConsultation of a lawyer on real estate and land issues
Read moreAssigment of postal adreress to real estate objects
Read moreConsultation of a lawyer on the purchase/sale of real estate
Read moreCompensation for obstruction of the use of property
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