Changes in the state registration of real rights to real estate: the Ministry of Justice explains
The Resolution of the Cabinet of Ministers of Ukraine No. 785 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on State Registration of Real Property Rights and Encumbrances" dated 05.07. 2024 came into force.
On July 11, 2024, Resolution of the Cabinet of Ministers of Ukraine No. 785 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on State Registration of Real Property Rights and Encumbrances" dated 05.07.2024 (hereinafter - the Resolution) came into force.
The Resolution amended, inter alia, the Procedure for State Registration of Real Property Rights and Encumbrances, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1127 dated December 25, 2015 (the "Procedure"). The main changes provided for by the Resolution are:
► if there is a court decision to reclaim real estate from someone else's illegal possession, the relevant court decision, rather than documents confirming the ownership of such property by the proper owner, must be submitted to the state registrar for registration of ownership of such property;
► if the property is a completed construction object or an object under construction that has not been assigned an identifier in the Unified State Electronic System in the field of construction, such identifier shall not be indicated in the application, unless such identifier must be assigned in accordance with the law;
► if, in accordance with the documents submitted by the applicant, the type of real estate object is indicated as "integral property complex", "single property complex", "complex of buildings and structures" or another type indicating the presence of a set of buildings and/or structures that have separate identifiers in the Unified State Electronic System in the field of construction, the state registrar shall form applications separately for each of such buildings and/or structures that have the corresponding identifier;
► if the right to perform construction works was acquired before the introduction of the unified register of documents giving the right to perform preparatory and construction works, certifying the acceptance of completed construction objects, information on returning for revision, refusal to issue, cancellation and cancellation of the said documents, which is an integral archival part of the Register of Construction Activities, state registration of ownership of the construction object is carried out in the presence of a valid document that, in accordance with the requirements of the
Such a document, according to the details provided by the applicant in the application and information about the entity that issued it, is obtained by the state registrar by applying to the relevant state authority or local self-government body.
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