Publication date: 15.07.2024
Housing rights of foreigners in Ukraine
Introduction
Housing rights are a fundamental component of human rights, ensuring a decent standard of living and social stability. Foreigners residing in Ukraine have certain housing rights, which are ensured by national legislation and international agreements. In this article, we will look at the main aspects of housing rights of foreigners in Ukraine, including the legal framework, the rights to purchase and rent housing, peculiarities of housing lending, procedures for registering a place of residence, court practice and examples of real-life cases.
Legal framework
The legal framework governing the housing rights of foreigners in Ukraine includes the Constitution of Ukraine, the Housing Code of Ukraine, the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons", the Law of Ukraine "On Freedom of Movement and Free Choice of Place of Residence in Ukraine", the Law of Ukraine "On Lease of State and Communal Property", by-laws and international treaties ratified by Ukraine. Under these regulations, foreigners residing in Ukraine have housing rights on an equal footing with Ukrainian citizens.
Rights to purchase housing
Foreigners residing in Ukraine have the right to purchase housing on the same terms as Ukrainian citizens. The main aspects of housing acquisition by foreigners include:
Theright to purchase real estate: Foreigners have the right to purchase apartments, houses and other real estate intended for residential use. However, according to the law, foreigners cannot own agricultural land plots.
Purchase procedure: The procedure for the purchase of residential property by foreigners includes the conclusion of a purchase and sale agreement, which is subject to notarisation. Foreigners must provide the notary with a passport, a document confirming the legality of their stay in Ukraine, and other necessary documents.
Registration of ownership: After concluding the sale and purchase agreement, the foreigner must register the ownership of the real estate in the State Register of Real Property Rights. This provides legal proof of ownership and protection against possible claims from third parties.
Rental rights
Foreigners also have the right to rent housing in Ukraine. The main aspects of rental housing by foreigners include:
Theright to rent: Foreigners can rent apartments, houses and other residential premises under the same conditions as Ukrainian citizens. The lease may be short-term or long-term depending on the terms of the lease agreement.
Lease agreement: A residential lease agreement between a landlord and a foreigner must be concluded in writing. The agreement must contain the terms of the lease, the rights and obligations of the parties, the amount of rent, the lease term and other important provisions.
Registration of the place of residence: Foreigners renting accommodation in Ukraine must register their place of residence with the relevant authorities. This ensures the legality of their stay in the leased territory and the possibility of obtaining other rights and services.
Peculiarities of housing lending
Foreigners wishing to purchase housing in Ukraine may use housing lending services. The main features of housing lending for foreigners include:
Access to loans: Foreigners can apply to Ukrainian banks for housing loans on the same terms as Ukrainian citizens. However, banks may impose additional requirements on foreigners, such as providing guarantees or collateral.
Theprocedure for obtaining a loan: The procedure for obtaining a housing loan includes submitting an application to a bank, providing the necessary documents (passport, documents confirming the legality of stay in Ukraine, income documents, etc.), concluding a loan agreement and securing the loan (e.g., a mortgage on real estate).
Interest rates and loan terms: Interest rates and terms of housing loans for foreigners may vary depending on the bank's policy and the borrower's creditworthiness. Foreigners should carefully study the terms and conditions of the loan before entering into the agreement.
Registration of residence
Residence registration is an important aspect of the housing rights of foreigners in Ukraine. The main procedures for registration of residence include:
Submission of anapplication: Foreigners must submit an application for residence registration to the relevant authority at their place of residence. The application may be submitted in person or through a representative by power of attorney.
Submission ofdocuments: Along with the application, foreigners must provide documents confirming the right to live in the residential premises (lease agreement, certificate of ownership, etc.), passport, document confirming the legality of stay in Ukraine, and other necessary documents.
Obtainingregistration: After submitting the application and documents, the registration authority issues a residence registration document confirming the legality of the foreigner's stay in the dwelling.
Court practice
Case law in the field of housing rights of foreigners in Ukraine shows real cases of dispute resolution and protection of foreigners' rights. Here are some examples of court cases:
Case of illegal eviction of a foreigner
In this case, a foreigner appealed against the landlord's decision to evict him from his rented accommodation. The foreigner claimed that the landlord had violated the terms of the lease agreement and illegally evicted him from the apartment. The court, having considered the evidence, found that the eviction was illegal and ordered the landlord to restore the foreigner's rights to the rented accommodation.
Case on recognition of ownership of real estate
In this case, a foreigner appealed against the refusal of the registration authority to recognise his ownership of the real estate he had purchased. The foreigner argued that he had duly entered into a sale and purchase agreement and paid all the necessary taxes. The court, having considered the evidence, found that the registration authority's refusal was unjustified and ordered the registration of the property.
Case on housing subsidy
In this case, a foreigner appealed against the refusal of a social security authority to grant a housing subsidy to pay for utilities. The foreigner argued that his income did not exceed the established subsistence level, and therefore he was entitled to a subsidy. The court, having considered the evidence, found that the refusal of the social security authority was unjustified and ordered the provision of a housing subsidy.
Examples of real-life cases
Here are some examples of real-life cases that illustrate the importance of housing rights for foreigners in Ukraine:
The case of purchasing real estate for residence
A foreigner who moved to Ukraine for permanent residence purchased an apartment in Kyiv. Thanks to the proper execution of the sale and purchase agreement and registration of the property right, he was able to legally reside in his own apartment, which provided him with stability and protection from possible claims from third parties.
The case of renting an apartment for temporary residence
A foreigner who came to Ukraine to work under a contract rented an apartment in Lviv for the period of his stay in the country. By entering into a proper lease agreement and registering his place of residence, he was able to legally reside in the rented apartment and receive the necessary services, including access to medical care and social protection.
The case of a housing loan for the purchase of a house
A foreigner who decided to settle in Ukraine permanently applied to the bank for a housing loan to purchase a house. Due to proper documentation and cooperation with the bank, he received a loan on favourable terms and was able to purchase a house that became his permanent residence.
Conclusion.
The housing rights of foreigners in Ukraine are an important part of the legal system that ensures the possibility of legal acquisition, lease and use of housing. Foreigners have the right to purchase apartments, houses and other real estate, rent housing, obtain housing loans, register their place of residence and other housing rights on an equal footing with Ukrainian citizens.
Court practice shows real cases of dispute resolution and protection of foreigners' rights in the area of housing rights, which confirms the importance of compliance with the law and proper execution of legal documents. Further improvement of the legislation and its application practice is essential to ensure effective and fair protection of the housing rights of foreigners in Ukraine.
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