Law of Ukraine

"On Amendments to Article 19 of the Law of Ukraine "On State Registration of Corporeal Rights to Immovable Property and Their Encumbrances" Regarding Specifics of State Registration of Property Rights to Real Estate Constructed before August 5, 1992"

Date of entry into force:
May 9, 2014

Article 19 of the Law of Ukraine "On State Registration of Corporeal Rights to Immovable Property and Their Encumbrances" establishes grounds for state registration of corporeal rights to immovable property and their encumbrances.

State registration of rights is carried out on the basis of:
  • agreements concluded according to the procedure established by law;
  • certificates of ownership of immovable property issued according to the requirements of the Law of Ukraine "On State Registration of Corporeal Rights to Immovable Property and Their Encumbrances";
  • certificates of ownership issued by privatization authorities to lessees of residential premises in the state- and municipal-owned residential fund;
  • state acts of the right of ownership or permanent use of a land plot, in cases established by law;
  • court rulings that took legal effect;
  • other documents confirming creation, transfer or cessation of rights to immovable property, submitted to the state registration authority together with the application.

State registration of encumbrances is carried out on the basis of:
  • prohibition to use and/or manage immovable property, established by law;
  • court rulings that took legal effect;
  • ruling of an investigating judge or a court, or a resolution of a state executor on arrest of immovable property;
  • restraint of alienation of immovable property, imposed by a notary;
  • resolution of a body of local self-government to include real estate into the obsolete residential fund;
  • other acts of appropriate state authorities and officials according to law;
  • agreements concluded according to the procedure established by law.

The Law supplements Article 19 of the Law of Ukraine "On State Registration of Corporeal Rights to Immovable Property and Their Encumbrances" with a new part, which establishes the following:
  • for state registration of property rights, followed by issuing an appropriate ownership certificate, for real estate (personal residential houses (homesteads), garden cottages, country cottages, service buildings and structures (steadings), and attached structures) located on the territories of village councils and completed before August 5, 1992, technical inventory is not required. If the technical certificate is absent, its substitute document is an excerpt from the rural household register, provided by the executive body of the village council (if no such body is created by the village head) or an appropriate archive institution;
  • for state registration of property rights to the above real estate, documents that confirm corporeal rights to land plots under such real estate can also include the resolution of the appropriate village council to transfer (grant) a land plot into usage or ownership;
  • for persons who have a personal record in the rural household register, state registration of property rights, followed by issuing an appropriate ownership certificate, for real estate (personal residential houses (homesteads), garden cottages, country cottages, service buildings and structures (steadings), and attached structures) located on the territories of village councils and completed before August 5, 1992, the property rights to which were not registered with the state before, is carried out on the basis of an application and excerpts from appropriate registers, provided by the executive body of the village council (if no such body is created by the village head) or an appropriate archive institution, as well as other documents established in the Procedure for State Registration of Rights to Immovable Property and Their Encumbrances.
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