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.
Registration of ownership of a storage room
Given the specific status of storerooms in apartment buildings as auxiliary premises, the process of registering ownership has its own characteristics. Typically, a storeroom is not distinguished as a separate object of real estate and is an integral part of an apartment building. Co-owners who actually use the storerooms have the right to participate in resolving issues related to the use of the storerooms in the building. As a general rule, this should be done through a registered association of residents of an apartment building (hereinafter referred to as the OSBB).
Features of acquiring ownership of auxiliary premises (storeroom)
According to the Law of Ukraine No. 417-VIII, auxiliary premises intended for household services include storerooms, attics, basements, elevator shafts and other technical spaces. Current national legislation does not provide for the possibility of privatization of individual such premises. A direct norm that determines their status is contained in the Law of Ukraine No. 2482-XII, according to which storerooms automatically become the common property of all apartment owners in an apartment building.
The creation of an apartment building association and the transfer of the building to it on the balance sheet from the Housing and Utilities Commission is, although necessary, but not yet sufficient condition for registering the right of ownership to a storeroom. The right of joint ownership to these premises also has certain restrictions. Therefore, they are not subject to division between co-owners.
Finally, the status of an auxiliary premises and its main technical characteristics are determined by the technical documentation (passport) for an apartment building. It is this document that is the main primary source for confirming the right.
What obstacles may an apartment owner face when registering ownership of a storage room?
Apartment owners, when trying to register ownership of auxiliary premises, such as storage rooms, should be aware of possible difficulties and obstacles to achieving a positive result. Among the main problems are:
- firstly, separate title documents are not issued for storage rooms, and ownership can only be confirmed by documentation for an apartment or house;
- secondly, there is no clear mechanism for state registration of ownership of such an object (primarily because it is not recognized as real estate);
- thirdly, the legislation does not provide for a procedure for assigning a separate postal address to such premises, which creates additional difficulties when attempting to legally register them.
Although the issue of insufficient legislative regulation of the procedure for registering ownership of a storage room still remains extremely relevant, in practice it is possible to overcome all these difficulties. We will discuss this in more detail below.
How can I get a pantry into private ownership?
The legislation does not provide for the possibility of privatization of the pantry, but there is an atypical approach that may allow owners to obtain it in actual possession. It is described in more detail in the letter of the Ministry of Housing and Communal Services of Ukraine dated 01/22/2009 No. 8/14-530.
In particular, if the condominium association is the official balance sheet holder of the house, then it may decide to sell the common property. However, this may require a number of documents, including a technical passport for the house, an act of acceptance into operation. The transfer of the house to the balance of the newly created condominium association must take place within three months from the moment of its creation.
In other words, registration of ownership of the pantry can be carried out through the exercise of the powers of the condominium association to dispose of the common property of the co-owners. Below we will describe the main stages in more detail.
Transfer of the house to the balance of the condominium association
The stages of such a procedure include:
- making a decision to create the condominium association;
- state registration of such an association;
- sending an official appeal to the previous balance sheet holder;
- collecting the necessary documentation for the house;
- creating a commission for the acceptance and transfer of an apartment building;
- drawing up and signing the acceptance and transfer act.
Obtaining consent from the condominium association for the alienation of common property
An important step is the mandatory receipt of consent for the alienation from all apartment owners (both privatized and non-privatized). Such consent can be collected by means of a written survey or by holding separate meetings with each co-owner with documentation of their response. It is important that the absolute majority of persons must give consent to the transfer of the pantry to a third party.
Holding a general meeting of the condominium association to resolve the issue of ownership of the pantry
After that, a general meeting of the condominium association is convened. The decision on alienation is considered adopted if a qualified majority of two-thirds of the total number of votes voted for it and is necessarily drawn up in the minutes. It indicates the issues considered, the results of the vote, and also includes the personal signatures of all co-owners.
Legal support for registration of ownership of the pantry from the Law Firm “Prikhodko and Partners”: what services does it provide?
The law firm “Prykhodko and Partners” can provide legal support for the process related to registration of ownership of the pantry, taking into account the complexity and ambiguity of this issue. The services will be aimed at maximum legal registration of the client’s rights, taking into account all the nuances of the procedure. Their main list is as follows:
- introductory consultation and analysis of documents;
- conducting negotiations with the condominium association;
- preparation of official requests and applications;
- development and support of the conclusion of a barn purchase and sale agreement;
- registration of ownership of the barn;
- legal support of the process of obtaining permits for the reconstruction of the barn (if necessary).
Fill out the form below, find out the price of our lawyer’s services, and start taking the first steps towards registering ownership of your storage room today!
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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.
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