Publication date: 10.04.2024
1.Can an apartment be taken away if it is not included in the electronic register?
Is it necessary to enter real estate into the electronic register?
Very often in Ukraine recently, information has been disseminated that it is necessary to immediately enter your real estate in the electronic register. If you do not do this, your property may be taken away from you. Is this true?
Will the apartment be taken away if it is not included in the electronic register
"On social media, I have come across ambiguous messages that Ukrainians living abroad often receive false information, that a law has allegedly been passed that obliges Ukrainians to enter all information about real estate into the state register of property rights, otherwise the property will be taken away. I would like to object to the adoption of the above law and the dissemination of false information and ask you to pay attention to information from trusted sources and official government representatives, and to consult with lawyers and attorneys.
Here is an example: If you purchased an apartment in the 90s and afterwards and did not register it in the register of property rights, which has been operating since 2012, this does not mean that your property will be taken away from you.
You still have the right to own it," says the lawyer.
Why is this register needed, and what does it mean?
The register should be understood as a register where data on privatized real estate is accumulated. And if your property is included in this register, then it is easier for you to sell it, because you do not need a notary to make inquiries to the BTI. It is also easier to inherit this property, as there is no need to make additional inquiries.
The lawyer emphasizes that this register simplifies any procedures with property. This is especially convenient if the property remains in the temporarily occupied territories.
What are the ways to enter property in the real estate register?
There are two ways to enter information about the owner into the State Register of Real Estate Rights. This can be done by contacting an Administrative Service Center (ASC) or a notary, or by entering the data yourself through Diia.
To enter information through Diia, you must:
- create an electronic signature (qualified electronic signature
- register or log in to the citizen's account on diia.gov.ua using an electronic signature
- check personal data in the user profile, update them if necessary
- fill out an online form to receive the service
- upload documents on registered real rights to real estate before January 01, 2013 in PDF or JPEG format
- check the application and sign it with an electronic signature (qualified electronic signature)
Also, read about which Ukrainians risk losing their land plots.
Land privatization in 2024: which Ukrainians risk losing their "property"?
Due to the martial law in Ukraine, land privatization has been suspended, but not for everyone. In some cases, it is still possible to register it for yourself.
Land privatization in 2024
Land privatization is still on hold. It can be privatized only if your property is already on it and it is properly registered. If you have a share certificate and you have not privatized it yet, you need to do so by the end of 2024, because starting next year, unclaimed shares will be considered ownerless and will be returned to the communities."
If you have a state land certificate but no cadastral number, be sure to get one, because without it, your land plot is considered unregistered.
"This means that it does not exist for the state. If you have both a state act for land and a cadastral number for it, but the title is not entered in the state register of rights to real estate, be sure to register it in this register."
Also, as a lawyer, I emphasize that until your ownership is registered in accordance with the current legislation, you will not be able to sell, donate, or otherwise dispose of this land.
It should also be added that MPs have previously raised the issue of extending the possibility of privatizing land in 2025 and beyond under the Certificates provided, but there have been no changes in the legislation so far and who knows if there will be any.
Get comprehensive answers from lawyers and attorneys on how tore registration of the right of ownership of the land share,how to register land ownership , and what documents for the land plot, and how to legalize a land plot.
