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 property rights to an apartment
Entering official information about property rights to an apartment in the State Register of Property Rights to Real Property is mandatory for further unhindered disposal of real estate. Such registration is also a reliable way of protection against illegal alienation and other encroachments. Below we will consider in more detail the issue of the concept of property rights, the procedure for their registration and the features of such a procedure in general.
Property rights to an apartment: main types
According to the Law of Ukraine No. 2658-III, property rights are any rights related to specific property, other than the right of ownership. Today, there is no clear division of such rights into separate categories. At the same time, based on legal practice, the following types can be distinguished:
- the right to rent an apartment. Defined in Article 759 of the Civil Code and arises in a person on the basis of a lease agreement and state registration of such a right in the Civil Code;
- a special property right to unfinished construction. It arises in the person who invested funds in the construction of an apartment until its commissioning and registration of the right of ownership;
- the right to use an apartment (easement). The specified right is considered a limited right to use certain property and is enshrined in Article 395 of the Civil Code. Although easements more often relate to land plots, separate easements are possible in relation to an apartment (for example, the right of passage through a neighboring apartment for servicing communications);
- other property rights in relation to ownership, disposal and use of an apartment.
Why is it necessary to register property rights to an apartment?
Registration provides legal certainty and provides a number of important advantages, including:
- legal legitimacy of any further transactions with the apartment;
- priority of registered rights over the rights of third parties;
- prevention of fraud and other unscrupulous actions (this is especially relevant in a situation where we are talking about acquiring rights to an unfinished construction site);
- simplified procedure for further acquisition of ownership rights;
- convenience of obtaining administrative services related to real estate.
Procedure for registering property rights to an apartment in Ukraine
What is the procedure?
In Ukraine, there are several ways to officially enter information into the State Register of Real Rights to Real Property (hereinafter referred to as the DRRP). Currently, this is available online through the Diya portal or by personally contacting the ASN or a notary. Let’s consider the simplest registration option with you:
- obtaining a qualified electronic signature (in any banking system that provides such services);
- registration on the Diya portal at the link diia.gov.ua;
- updating personal data (for example, in the event of a change in registration address or passport data) – if necessary;
- filling out an online form for obtaining a property rights registration service;
- uploading accompanying documents (the list is described below);
- signing a ready-made application using the generated QES.
What documents are needed for this?
For the successful registration of property rights to an apartment, it is necessary to prepare a certain package of documents, depending on the method of acquiring the relevant right. The main list of documentation is as follows:
- a document certifying the identity of the applicant and his legal representative (if any);
- copies of documents confirming the existence of the right (lease agreement, easement, with the developer, etc.);
- a technical passport for the apartment or an information certificate from the BTI on real estate;
- a receipt for payment of the administrative fee for entering information into the DRRP.
It is important to know! The procedure for obtaining a certificate from the BTI involves the preparation of separate documents and a special procedure for interacting with the owner of the apartment. To find out more information on this subject, we recommend that you separately consult one of our real estate and construction lawyers.
Legal support for registering property rights to an apartment: what services can you get?
Lawyers “Prikhodko and Partners” take on a significant part of the work, saving the client’s time and minimizing the risks of doing something wrong. As part of legal support, you can receive the following services:
- legal consultation;
- legal analysis of documents;
- collection and preparation of the necessary package of documents;
- renewal of title documents for an apartment (if necessary);
- legal support for the production of a technical passport for an apartment;
- professional support for the registration process with the state registrar or through Diya.
To summarize, registration of property rights to an apartment is a prerequisite for full disposal of it in the future. The procedure is relatively simple and can be carried out online through the Diya portal to save time and resources. To do this, you need to prepare a certain package of documents, with which real estate lawyers of the Law Firm “Prikhodko and Partners” will be able to promptly help.
Turning to our lawyers to support the registration of property rights to an apartment will provide the client with professional support at every stage and will allow you to avoid mistakes. To find out the cost of a specialist’s services, 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.
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