Registration of ownership rights for an apartment in a new building

Processing real estate documents. Recognition of ownership rights in court.

Attention! This service is for clients who register ownership in a new building, if you need to register ownership on other grounds – go to the corresponding page of the site. Registration of property ownership in Kyiv

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State registration of rights to real estate is a necessary process for both individuals and legal entities. The procedure is regulated by the Law of Ukraine “On State Registration of Rights to Real Estate and Their Encumbrances“.

At the beginning of 2015, the “CMU Resolution No. 17” was adopted, according to which Ukrgosreestr (the State Registration Service of Ukraine) was subject to liquidation, and its legal successor was determined to be the Ministry of Justice of Ukraine. The result was the creation of the Department of State Registration, which currently carries out state registration of rights to real estate.

Since May 1, 2016, a new real estate registration body has been created – the Department for Registration Issues of the executive body of the Kyiv City Council (Kyiv City State Administration).

List of required documents:

1. Application in the prescribed form.
2. Copy of identification number.
3. Document that certifies the acquisition into ownership of the newly created object (agreement for the sale of property rights, investment agreement, etc.).
4. Extract from the list of persons participating in the investment of the construction (issued by the developer).
5. Technical passport (BTI).
6. Certificate of full settlement with the developer.
7. Acceptance-transfer act for the apartment.
8. Copies of the documents listed above.
9. Original receipt for the payment for providing the extract – 35 UAH.
10. Original receipt for payment of the administrative fee – 140 UAH.

Please note that this list is approximate. Depending on each specific situation, additional documents may be required.

Based on the document review, the registrar makes a corresponding decision – to register the rights or to refuse registration.

In case of a positive decision, the state registrar enters information into the State Register of Rights and generates an Information reference on the right of ownership of real estate.

Until a citizen or legal entity completes the registration of ownership rights to a real estate object, they will not become its full owner. Therefore, it is advisable to carry out the registration procedure at the earliest convenient time for you.

Step-by-step instruction for independently obtaining a certificate of ownership of real estate

Step 1.

Submission of the application in the prescribed form and documents to the Administrative Services Center (ASC) of Kyiv city and Kyiv region.

Step 2.

Review of documents at the ASC – from 2 hours up to 5 working days.

Step 3.

Receiving the certificate of ownership of the apartment. (Information reference on the right of ownership)

Given the constant changes in legislation, many problems arise in the practice of registering ownership rights. Therefore, in order to obtain a positive decision, it is necessary to closely monitor all changes in legislative acts and be able to operate with them. Another problem in the process of obtaining ownership documents is the huge queues at state registrars. If you do not intend to spend your time in queues at state bodies and collect more and more documents, we advise you to immediately contact qualified specialists who have gone through this path many times, are well acquainted with the procedure and are always aware of introduced changes.

Ownership is the aggregate of rights of an individual or legal entity to a thing (property), which they exercise without violating the law and the rights of others. The Civil Code understands the content of ownership rights as the right of possession, the right of use and the right of disposal. The Constitution of Ukraine enshrines the principle of inviolability of property rights to a thing and the result of intellectual activity. That is, no one can be unlawfully deprived of property rights or restricted in their exercise. To renounce property, the owner must clearly express his wish and inform other persons of this fact.

Since property very often implies material benefits, disputes often arise in practice about its belonging to a particular person.

Ownership rights are often not recognized by other persons, or there are no documents confirming this right.

Sometimes the owner decides to independently carry out the division and allocation of property in kind. But in some cases such a procedure takes place after the recognition of ownership of the disputed item by other persons, when joint possession, disposal or use is impossible.

In order to fully realize his ownership right, in the presence of a dispute the owner must file a claim for recognition of ownership in the courts. Filing a lawsuit implies the presence of two parties: the owner and the person violating the ownership right. Recognition of ownership as a fact having legal significance is carried out by the court in a special procedure in the presence of one party – the applicant.

If ownership is violated by normative legal acts of government bodies or legal acts of individual action, the owner can go to court. Recognition of a legal act as illegal by the court is possible provided that such acts do not comply with the norms of the law.

Our company’s staff have gained extensive experience in resolving issues of recognition of ownership rights in court. We will advise you taking into account all the nuances of the legislative framework, help choose the optimal solution. We will assist in collecting the necessary documents.

Timely registration of ownership of an apartment or house in the future can save you from unnecessary disputes, and the documents obtained during such registration will serve as irrefutable evidence of your rights.

Legislation:

Law of Ukraine “On State Registration of Real Property Rights” with amendments of 26.11.2015 and entering into force from 01.01.2016.

Resolution of the Cabinet of Ministers of Ukraine “On approval of the Procedure for State Registration of Rights to Real Estate and Their Encumbrances” dated 05.05.2015 No. 1127.