Attorney
Lawyer with many years of experience in the field of real estate and land law. Support for construction, registration of land plots, obtaining permitted documentation and protection of property rights. Also has successful cases of labor law and mobbing at work.
Renewal of apartment documents
In conditions of full-scale war, there are frequent cases when real estate documents are lost. Among the most common reasons are destruction, theft or loss. Below we will analyze how apartment documents are restored. To begin with, we note that regardless of the reasons that provoked the loss of documents, the owner retains ownership of the apartment, house and other real estate.
What documents confirm ownership of a real estate object?
If the apartment owner does not have documents that will confirm that he owns a specific real estate object, any actions with this object are limited: exchange, donation, sale, etc. If the apartment was damaged as a result of the war, its owner will not be able to become a participant in the state program “eReconstruction” due to the absence of the above documents.
The following documents confirm ownership of a real estate object:
- A gift or purchase and sale agreement.
- A certificate of establishment of ownership rights, which was received from local government bodies.
- A certificate of privatization of the apartment.
- An extract from the State Register of Property Rights, which will confirm the legality of private ownership.
- A certificate of inheritance of the apartment.
- A valid court decision (for example, on the conclusion of a settlement agreement between co-owners of the real estate object).
- State acts.
- Certificate of real estate from property registers.
The document to be restored will depend on how the new owner obtained the ownership right. For example, if he purchased it, it will be necessary to restore the apartment purchase and sale agreement.
In some cases, it is impossible to obtain a duplicate of damaged documents. The only option is to go to court. Lawyers from the law firm “Prykhodko & Partners” will help determine the future course of action to reliably protect your interests.
The following applications may be filed with the court:
- On recognition of private ownership of an apartment.
- On establishment of a legal fact.
- On elimination of obstacles to the exercise of property rights.
A court decision is a fairly common document that establishes ownership rights. However, it is necessary to distinguish between different transactions. For example, after receiving a court decision, the owner of the apartment may file an application with the court of first instance, which was engaged in consideration of the specified case. In this case, the court decision may be issued again.
A completely different situation arises in cases where the owner of the apartment applies to the court on the basis of Article 392 of the Civil Code of Ukraine regarding the recognition of the right of ownership. However, in this case, there may be certain difficulties.
Most often, the plaintiff, as a result of the loss of the document establishing the right of ownership, applies to the court due to the impossibility of exercising the right of ownership in part or in full. As a rule, in such cases the subjective component of the right of ownership is not violated.
Where can I get duplicate documents for an apartment?
Today, there is no single state body in Ukraine that is responsible for the restoration of documents for an apartment.
The general rule is as follows: you can get a document again from the state or private body that previously issued it.
However, there are certain nuances. For example, if your apartment document was stolen, the first step you need to take is to write a statement to the police. This is due to the fact that theft belongs to the category of criminal offenses. The second step is to obtain an Extract from the Unified Register of Pre-Trial Investigations from the investigator. This Extract will be proof that the documents were stolen when they were restored.
If we are talking about restoring a purchase and sale agreement, exchange or donation, this can be done at a notary’s office. The legislative basis is Article 53 of the Law of Ukraine “On Notaries”. This will require a written application with a request to issue a duplicate.
Important: a duplicate of a document has the same legal force as its original.
We suggest paying attention to the features of obtaining duplicates for an apartment for real estate objects, Certificates of Ownership for which will be issued before 2013 and after 2013. In accordance with the norms of current legislation, this factor plays a key role.
For example, if the document was issued starting in 2013, all the necessary data was entered in the State Register. It is these data that will become the basis for carrying out the necessary legal transactions with the apartment. In the absence of information in the State Register, the owner will not be able to do this. However, there is also a way out of this situation. To do this, it is enough to get access to the State Register of Property Rights. The lawyers of our company “Prykhodko and Partners” will help you with this. We have access to the registers and will be able to quickly obtain the necessary information.
Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of real estate lawyer 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.
You may also need:
Land plot registration in the State Land Cadastre (DZK)
Read morePrivatization of an apartment
Read moreLegal assistance when buying an apartment
Read morePrivatization of an apartment on the basis of a warrant
Read moreDivision of the apartment into two apartments
Read moreChange of purpose of the land plot
Read moreLegalization of a private house
Read morePrivatization of a cooperative apartment in Kyiv
Read morePrivatization of a state apartment by warrant
Read moreLand plot registration
Read moreLand privatization
Read moreLegalize squatter
Read morecall back
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