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Publication date: 22.04.2024
Real rights to real estate and their encumbrances subject to state registration in accordance with the Law arise from the moment of such registration
The Ministry of Justice of Ukraine has clarified the issue of state registration of real rights to real estate and their encumbrances. This was reported by the Ministry's press service.
Relations arising in the field of state registration of real rights to immovable property and their encumbrances (hereinafter - state registration of rights) are regulated by the Law of Ukraine "On State Registration of Real Rights to Immovable Property and Their Encumbrances" (hereinafter - the Law).
Pursuant to Article 2(1) of the Law, state registration of rights is the official recognition and confirmation by the state of the facts of acquisition, change or termination of real rights to real estate, encumbrances of such rights by entering relevant information into the State Register of Real Rights to Real Estate (the "State Register of Rights").
The State Register of Rights is a unified state information system that ensures processing, storage and provision of information on registered real rights to immovable property and their encumbrances.
Real rights to immovable property and their encumbrances subject to state registration in accordance with the Law arise from the moment of such registration (Article 3 of the Law).
Any actions of a person aimed at acquiring, changing or terminating real rights to real estate, an object under construction, a future real estate object and their encumbrances registered in the State Register of Rights are performed on the basis of information on real rights and encumbrances of real rights contained in this register.
Therefore, first of all, it is necessary to make sure that the ownership of the real estate object is registered in the State Register of Rights.
Confirmation of the fact that a person has certain property rights is ensured by using the State Register of Rights, namely by obtaining information from it in real time.
For individuals and legal entities, information on the real estate object and the subject of real rights is provided in electronic form through the official website of the Ministry of Justice of Ukraine, subject to the identification of such person (individual or legal entity), or in paper form.
Pursuant to paragraph 15 of the Procedure, information from the State Register of Rights in electronic form through the Unified State Web Portal of Electronic Services (hereinafter referred to as the Diia Portal) or on the basis of service agreements concluded with the technical administrator of the State Register of Rights, through other information systems that provide user identification using electronic identification means with a medium or high level of trust (hereinafter referred to as information systems), is provided to a person who wishes to receive such information and is identified by using
Information from the State Register of Rights in electronic form is provided after payment of the administrative fee using the means of the Diia Portal or information systems through integrated payment systems or in another way specified in the service agreement.
To receive information from the State Register of Rights in paper form, a person wishing to receive such information shall apply to any provider of information from the State Register of Rights.
A provider of information from the State Register of Rights is a state registrar of rights to immovable property, an administrator of an administrative service center or a notary assistant.
In view of the above, in order to obtain information from the State Register of Rights in paper form, it is necessary to contact the state registrar of rights to immovable property, the administrator of the administrative service center or a notary assistant, and in electronic form, information can be obtained through the Diia Portal or the Online Justice House portal.
If the ownership of the real estate is registered in the State Register of Rights, the holder of the title, the Ministry of Digital Transformation of Ukraine, should be contacted regarding the display of this information on the Diia Portal.
At the same time, it should be borne in mind that the system of state registration of rights under the Law was introduced in Ukraine on January 1, 2013.
Prior to January 1, 2013, state registration of ownership and other real rights to real estate located on land plots was carried out, in particular, by registrars of enterprises of the Bureau of Technical Inventory (hereinafter - BTI) in the Register of Property Rights, which is an integral archival part of the State Register of Rights, and on paper (register books and registration files), which are still stored in BTI.
Therefore, the relevant BTI is the administrator of information and documents on the state registration of ownership of real estate objects that was carried out on paper.
If the ownership of real estate is not registered in the State Register of Rights, it must be registered in accordance with the Law.
Starting from January 1, 2013, state registration of rights is carried out on an "application" basis on the basis of documents confirming that a person has acquired or owns certain real estate.
Since the Law does not provide for the obligation and procedure for transferring by BTIs of information on registered real rights reflected in paper carriers stored by them to the State Register of Rights, such information is transferred only if a person applies for registration, in particular, of ownership rights.
The Law allows the subject of the relevant property rights or encumbrances of property rights to apply for state registration of such rights in the State Register of Rights.
When conducting state registration of rights that arose in accordance with the procedure established by law before January 1, 2013, as well as when conducting state registration of rights that are acquired from rights that arose in accordance with the procedure established by law before January 1, 2013, the state registrar shall request from the authorities, enterprises, institutions and organizations that have carried out the registration and/or registration of rights in accordance with the law, the information (certificates, copies of documents certified in accordance with the procedure established by law, etc.) necessary for such registration.
Therefore, the Law obliges the state registrar to obtain information necessary for state registration of rights from the BTI, as the organization that, in accordance with the law, carried out the registration and/or registration of rights to real estate located on land plots.
Pursuant to Article 6(1) and Article 10 of the Law, state registration of rights is the responsibility of executive bodies of village, town and city councils, Kyiv and Sevastopol city, district, and district administrations in the cities of Kyiv and Sevastopol, and notaries.
Please note that the Ministry of Justice is not a subject of state registration of rights under the Law.
Pursuant to part five of Article 3 of the Law, state registration of property rights and other real rights is carried out within the Autonomous Republic of Crimea, the region, the cities of Kyiv and Sevastopol at the location of real estate. Based on a decision of the Ministry of Justice of Ukraine, state registration of property rights and other real rights in certain cases may be carried out within several administrative-territorial units specified in the first paragraph of this part, or regardless of the location of the real estate.
Subparagraph 1 of paragraph 1 of Order of the Ministry of Justice of Ukraine No. 2179/5 dated June 09, 2023 "On State Registration within Several Administrative and Territorial Units" stipulates that in the field of state registration of rights, state registration of ownership and other real rights to real estate, objects of unfinished construction, future real estate objects located in the Autonomous Republic of Crimea, Donetsk, Zaporizhzhia, Luhansk, Mykolaiv, Kharkiv, Kherson regions, the city of Sevastopol, is carried out regardless of the location of the real estate.
The peculiarities of state registration of rights for the period of martial law and within one month from the date of its termination or cancellation are determined by the Resolution of the Cabinet of Ministers of Ukraine No. 209 dated March 06, 2022 "Some Issues of State Registration and Functioning of Unified and State Registers, held by the Ministry of Justice, under Martial Law" (as amended).
At the same time, pursuant to Article 16 of the Civil Code of Ukraine, every person has the right to apply to the court for the protection of his or her personal non-property or property rights and interests.
The owner of property may file a claim for recognition of his/her property right if this right is disputed or not recognized by another person, as well as in case of loss of a document certifying his/her property right (Article 392 of the Civil Code of Ukraine).
So, as we can see, in any legal action it is necessary to check real estate, verify the ownership of real estate, check the encumbrance of real estate, check the encumbrances of real estate,check the presence of real estate,check the owner of real estate, and also verify the documents for the ownership.
