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 real estate
Registration of ownership of real estate is not only a formal act, but also a guarantee of your ownership and disposal of the property. In some cases, the process of such registration can be confusing and difficult. In the article, we will examine in detail what real estate needs to be registered in the state register, what the whole procedure looks like and how lawyers can be useful.
What real estate can be registered?
Various real estate objects are subject to state registration, which provides appropriate protection. Such objects include:
- Land plots of any purpose and area.
- Capital construction objects, including: residential buildings, buildings and structures;
- Separate parts of buildings and structures, if they act as independent objects;
- Apartments in apartment buildings;
- Residential and non-residential premises, which are separate parts of buildings;
- Objects of unfinished construction;
- Single property complexes, which include a set of interconnected objects of real estate and movable property, which are used for carrying out economic activities;
- Components of buildings, which, although not independent objects, may require registration in connection with redevelopment, reconstruction, other changes (basements, attics, technical floors, etc.).
When is it (not) necessary to register ownership of real estate?
There are a number of situations when state registration is mandatory, in particular:
- Initial registration of rights to newly created objects, including: completion of construction and commissioning of new buildings and structures, reconstruction;
- Transfer of rights on the basis of civil law agreements, such as a purchase and sale agreement, donation, based on inheritance, etc.;
- Changing the characteristics of the object, in particular, unification, division, allocation of a share of real estate, change in area, configuration, purpose of the object as a result of redevelopment;
- Entry in the register of mortgages, easements, emphyteusis, superficies and other encumbrances of real estate rights.
- It is not necessary to register the right to real estate if we are talking about small architectural forms (MAFs), kiosks that can be freely moved without harming their integrity. You also do not need to register public infrastructure facilities.
Important to know! If you became the owner of real estate before January 1, 2013, information about your right is most likely missing from the State Property Registry. Although you are formally the owner, in order to carry out any further transactions with this property you need to conduct state registration.
What does the procedure for state registration of ownership of real estate look like?
A general description of this procedure involves:
- preparation of the necessary documentation. You need to collect a package of documents that confirm your right to real estate and identify it. Usually, such documents are required as a certificate of commissioning, a purchase and sale agreement, a technical passport, an extract from the State Land Cadastre (when it comes to a land plot), etc.;
- submission of documentation. After preparing a complete package of documents, they must be submitted to the Center for Administrative Services (CASA) or a notary;
- consideration of documentation and decision-making. The state registrar checks the submitted documents for their completeness and legality. The review period is usually 5 business days. Based on its results, a decision is made on state registration, its suspension or refusal of state registration;
- entering information into the DRRP and obtaining an extract. This extract serves as official confirmation of the registration of ownership of a specific object of real estate and will be needed for further transactions with it.
What to do in case of refusal to register ownership of real estate?
Receiving a refusal can be an unpleasant situation, but it is important to understand your further actions. The legislation clearly defines the grounds for this, and knowledge of these grounds will help you effectively appeal and eliminate obstacles.
Legal grounds for refusal of state registration may include:
- The presence of registered encumbrances of property rights on the relevant real estate (for example, mortgage, arrest, easement).
- The presence of information about the alienator of the property in the Unified Register of Debtors, which may indicate restrictions on the alienation of property.
- Non-compliance of the submitted documents with the requirements of current legislation, including the absence of mandatory documents, their improper execution, unreliability of the information contained in them, etc.
- Submission of an application for state registration in violation of the established procedure (for example, by an unauthorized person, without a proper signature).
- The presence of a court decision or ruling prohibiting registration actions in relation to the relevant object.
Other grounds expressly provided for by regulatory legal acts.
If you receive a decision to refuse registration, you should take the following steps:
- Thoroughly analyze the decision to refuse received. Pay special attention to the stated grounds. Check their validity and compliance with current legislation. If necessary, contact a lawyer for a qualified assessment of the legality of the refusal.
- Determine the reasons. Find out what shortcomings in the submitted documents and procedure led to the refusal.
- Get legal advice. If you are not sure about the legality of the refusal, do not understand its reasons or do not know how to properly eliminate the shortcomings, be sure to seek help from a qualified lawyer specializing in real estate issues.
- Eliminate the identified shortcomings. When the grounds for refusal are justified and are related to errors in the documents or their absence, take measures to eliminate them.
- Submit a repeated application for state registration. After eliminating all deficiencies, re-apply to the relevant authority with a new package of documents, supplemented/corrected documents. It is advisable to attach a copy of the previous decision on refusal and documents confirming the elimination of the specified deficiencies to the re-application.
- Collect and provide documentary evidence of your right and the elimination of the reasons for refusal. Carefully prepare all necessary documents confirming your right to real estate and the fact of eliminating the relevant deficiencies.
- Monitor the status of the re-application. After submitting the re-application, regularly monitor its status in the relevant authority to promptly respond to possible requests or comments.
- Appeal the decision on refusal in court.
Assistance from real estate lawyers of the Law Firm “Prikhodko & Partners: how will they be useful?
Our company is ready to provide you with comprehensive assistance and support in all matters related to registration. We have many years of experience in working with the legal aspects of real estate and know all the intricacies of the process. Our qualified lawyers are ready to provide you with an individual approach, quickly and professionally resolve your issues. Our experienced lawyers will become your reliable assistants at every stage, providing:
- detailed consultation;
- collection and preparation of the necessary package of appropriate documentation;
- representation of your interests in a state body;
- legal assistance in complex and non-standard situations.
Do not doubt the quality of our services – contact us, and we will help you complete the registration without unnecessary worries and problems. To receive a consultation or price for registering property rights – fill out the form below.
Calculate the cost of services
1 question
Do you have documents confirming ownership of real estate?
2 question
Are you a property owner?
3 question
Is your real estate subject to state registration?
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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