See more
Publication date: 23.05.2024
lawyer, 23 years of experience in enforcement.
Registration of rights to immovable property and their encumbrances
Article 4 of the Law of Ukraine "On State Registration of Real Property Rights and Encumbrances" dated July 1, 2004 No. 1952-IV defines the list of real property rights and their encumbrances subject to state registration.
Article 5 of Law No. 1952-IV defines the list of property for which state registration is carried out.
State registration of rights is carried out at the request of the owner by contacting the subject of state registration of rights or a notary public.
For the state registration of rights, the applicant submits the originals of the documents required for the corresponding registration and a document confirming the payment of the administrative fee for the state registration of rights.
The size of the administrative fee and the procedure for its payment are regulated by Art. 34 of Law No. 1952-IV.
The list of documents required for registration and which must be attached to it is fixed in Art. 27 of Law No. 1952-IV.
Clauses 41-76 of the Procedure for state registration of property rights to immovable property and their encumbrances, approved by Resolution of the Cabinet of Ministers of Ukraine dated 12.25.2015 No. 1127, provide a list of documents regarding various grounds for state registration.
In accordance with Part 1 of Art. 19 of Law No. 1952-IV, the state registration of ownership is carried out within a period not exceeding 5 working days from the date of registration of the relevant application in the State Register of Rights.
Pursuant to clause 18 of Order No. 1127, based on the results of consideration of the application and documents submitted for state registration of rights, the state registrar makes a decision on state registration of rights or on refusal of such registration.
According to Clause 19 of Order No. 1127, as a result of the adopted decision, the state registrar/notary opens and/or closes sections in the State Register of Rights, enters into the open section or a special section of the State Register of Rights relevant information about property rights and their encumbrances, about objects and subjects of these rights.
The exclusive list of reasons for refusal of registration is established by Art. 24 of Law No. 1952-IV:
1) the claimed real right, encumbrances are not subject to state registration in accordance with this Law;
2) the application for state registration of rights was submitted by an improper person;
3) submitted documents do not meet the requirements established by this Law;
4) the submitted documents do not make it possible to establish the acquisition, change or termination of real property rights to immovable property and their encumbrance;
5) existing contradictions between the declared and already registered property rights to immovable property and their encumbrances;
6) existing registered encumbrances of property rights on immovable property;
7) the application for state registration of encumbrances against the previous right holder was submitted after the state registration of ownership of such property by the new right holder;
8) after the end of the period established by the third part of Article 23 of this Law, the circumstances that were the basis for making a decision to stop consideration of the application for state registration of rights have not been eliminated;
9) documents have been submitted to an improper subject of state registration of rights, a notary;
10) an application for state registration of rights and their encumbrances in electronic form is submitted by a person who, according to the legislation, does not have the authority to submit applications in electronic form;
11) the applicant has submitted the same documents on the basis of which the property right is claimed, the encumbrance has already been registered in the State Register of Rights;
12) the applicant applied for state registration of the right of ownership of the property, which, according to the documents submitted for such registration, was alienated by a person who, at the time of such registration, was entered in the Unified Register of Debtors, including in enforcement proceedings for the collection of alimony in the presence of debt from corresponding payments for more than three months.
Regarding the procedure for appealing the decision of the state registrar, see the procedure for appealing decisions (actions, inactions) of registrars of rights to immovable property.
According to Clause 22 of Order No. 1127, after entering information into the State Register of Rights, the state registrar, using software for maintaining the said Register, takes into account the period of state registration for which the administrative fee has been paid, forms an extract from it about the state registration of rights, which is posted on the web portal of the Ministry of Justice for the applicant to access it for the purpose of viewing, downloading and printing.
So, as can be seen from the above, in order to restore one's right, it is advisable to obtain the services of a lawyer or the sound advice of a lawyer.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation and help to conduct a court process and restore the violated right.
