Law of Ukraine
"On State Registration of Corporeal Rights to Real Estate and Their Encumbrances"
Date of entry into force:
August 3, 2004
The Law regulates relations associated with state registration of rights to real estate and their encumbrances.
According to Article 2 of the Law, state registration of corporeal rights to real estate (hereinafter referred to as "state registration of rights") is the state's official recognition and confirmation of the fact of origin, transfer or cessation of rights to real estate, or of encumbrances of such rights, in form of recording an appropriate entry in the State Register of Corporeal Rights to Real Estate.
Article 3 of the Law envisages that state registration of rights is mandatory. Information on rights to real estate and their encumbrances are subject to recording in the State Register of Rights.
Article 4 of the Law establishes that the following are subject to mandatory state registration:
- right of ownership to real estate;
- right ownership; right of use (servitude); right to use a land plot for agricultural needs (emphyteusis); right to carry out construction on the land plot (superficies); right of economic management; right of day-to-day management; right of permanent use and rent of the land plot; right to use (rent, lease) a building or other structures or their parts; mortgage; trustee property management;
- other corporeal rights according to the law;
- tax lien of real estate, and other encumbrances.
Article 5 of the Law states that entered into the State Register of Corporeal Rights are the rights for the following real estate objects located on land plots, which cannot be moved without their devaluation or change of purpose;
- residential houses;
- buildings that house premises intended for accommodation, storage of movable property, storage of material valuables, production activities, etc;
- land improvement structures (engineering, hydrotechnical, etc.) that are neither buildings not premises, intended for specific technical functions;
- premises included in the internal area of residential houses, buildings and apartments, constrained by construction elements.
The system of state registration of rights consists of a specially authorized central body of executive power in the issues of state registration of rights – the Ministry of Justice of Ukraine, which provides for implementation of state policy in the sphere of state registration of rights, and its territorial bodies, which are the bodies of state registration of rights.
According to Article 10 of the Law, the State Register of Rights contains information on the registered rights and encumbrances, right holders, real estate objects, documents based on which the state registration of rights has been carried out, and cartographic (graphic) data. The database for registration of applications and requests, as well as registration files, are integral parts of the State Register of Rights.
A registration file includes documents that contain information on real estate, right for its ownership, other corporeal rights and their encumbrances (Article 14 of the Law).
Article 15 of the Law envisages that State Registration of Rights and Their Encumbrances is carried out as follows:
- accepting and checking documents submitted for state registration of rights and their encumbrances, registering the application;
- establishing lack of grounds for refusal of state registration of rights and their encumbrances and stopping further processing of the application for state registration of rights and/or their encumbrances;
- making the decision to carry out state registration of rights and their encumbrances, to refuse registration, or to stop state registration;
- entering records into the State Register of Rights;
- issuing a certificate of real estate ownership, in appropriate cases;
- providing excerpts from the State Register of Rights about the registered rights and/or encumbrances.
The date and time of state registration of rights and their encumbrances is the date and time on which the appropriate application is registered with the body of state registration of rights.
Article 17 of the Law establishes that the text contained in documents submitted for state registration of rights and their encumbrances must be legible. The full names of natural persons and their place of residence, as well as names of legal entities and their location, must be specified in full.
According to Article 19 of the Law, State Registration of Rights is carried out based on:
- agreements, concluded according to the procedure established by the law;
- certificates of real estate ownership, issued according to the requirements of the Law;
- certificates of ownership, issued by privatization bodies to tenants of residential premises of the state and municipal residential fund;
- state acts certifying rights of ownership or permanent use of land plots, in cases established by the law;
- court decisions that have taken effect;
- other documents certifying the origin, transfer or cessation of ownership rights for real estate, submitted to the body of state registration of rights together with the application.
Article 24 of the Law rules that state registration of rights and their encumbrances can be refused in the following cases:
- the stated right or encumbrance is not subject to state registration according to the Law;
- the real estate object or a major part of it is located on the territory of another body of state registration of rights;
- the application for state registration of rights and their encumbrances was submitted by an inappropriate person or entity;
- the submitted documents do not correspond to the requirements established by the Law, or do not allow to establish that the stated rights correspond to the documents that certify them;
- the application for state registration of rights related to alienation of real estate has been submitted after the state registration of encumbrances related to this right has already been carried out, or the stated right has already been registered.
A state duty is charged for state registration of rights and their encumbrances.