Publication date: 16.04.2024
lawyer, 23 years of experience in enforcement.
On February 24, 2022, martial law was declared on the territory of the country in connection with the full-scale invasion of the country by the aggressor state. As a result of such actions, many families lost their homes along with their documents. According to the Legislation, in case of loss of immovable property, compensation is provided, but in order to submit an application, the relevant property must be registered in accordance with the procedure established by the Code, and the state registration of property rights to immovable property must be carried out accordingly.
State registration of property rights to immovable property and their encumbrances - official recognition and confirmation by the state of the facts of acquisition, change or termination of property rights to real estate, encumbrances of such rights by entering relevant information into the State Register of Property Rights to immovable property.
The general principles of state registration of rights are, in particular, the state's guarantee of objectivity, reliability and completeness of information about registered rights to immovable property and their encumbrances, share registration, building legalization, building registration, etc.
State registration of rights is carried out on the basis of documents that, in accordance with the law, confirm the acquisition, change or termination of rights to immovable property, information about which the state registrar enters into the State Register of Rights during registration actions,
In case of loss or damage of a document, its duplicate may be issued only by the entity that issued such a document or its legal successor/archival institution (if documents were to be transferred to the archive), after verification and reconfiguration.
If the basis for state registration of rights is a certificate of ownership of immovable property issued during 2013-2015, there is no need to obtain a duplicate of it, as information about it is stored in the State Register of Rights.
Property rights to immovable property and their encumbrances that arose before January 1, 2013 are recognized as valid if one of the following conditions is met:
1) registration of such rights was carried out in accordance with the legislation in force at the time of their occurrence;
2) at the time of the emergence of such rights, legislation was in force that did not provide for their mandatory registration.
In case of loss, damage or destruction of a document certifying the acquisition of a right, the registration of which was carried out before 01.01.2013, at the request of the applicant, state registration of such a right can be carried out (with a mandatory entry in the State Register of Rights of information about loss, damage or destruction corresponding document) on the basis of:
- information from the Register of Property Rights, which is an archival component of the State Register of Rights;
- information about the relevant registration from paper media (registry books, registration files), which were maintained by BTI.
Meanwhile, in case of loss of a document certifying the right of ownership, the owner of the property has the right to bring a lawsuit to the court for the recognition of his right of ownership in accordance with Article 392 of the Civil Code of Ukraine, and for this it is appropriate to contact the appropriate specialist who will help with the collection of documents and further filing in court.
