State registration of property rights to real estate is the official recognition and confirmation by the state of the fact of the emergence of property rights to real estate and their assignment to a specific entity. The fact of registration of ownership of immovable property often needs to be confirmed in order to obtain certain administrative services, for example, when declaring a place of residence or performing legal acts with such immovable property. State registration of property rights is particularly important for owners who acquired these rights before 2013 (before the introduction of the State Register of Property Rights). Therefore, it is not advisable to postpone state registration of ownership of real estate.
The main law that regulates the procedure for state registration of property rights is the Law of Ukraine “On State Registration of Property Rights to Real Estate and Their Encumbrances.”
State registration of real rights to immovable property is carried out by state registrars of the executive bodies of village, settlement, and city councils or by notaries (state and private).
The exhaustive list of documents to be submitted for state registration depends on the type of real estate (building, land plot, apartment, etc.) and the grounds for its acquisition. This usually includes:
- a document establishing legal title (e.g., certificate of ownership of the dwelling, state act on land, purchase and sale agreement, etc.);
- a document confirming payment of the administrative fee;
- a document confirming the identity of the applicant;
- a document confirming the representative’s authority (if a representative is involved, for example, a notarized power of attorney).
Terms for state registration of ownership of immovable property: state registration of ownership and other property rights is carried out within a period not exceeding five working days from the date of registration of the relevant application.
An administrative fee is charged for registration. For state registration of ownership, an administrative fee of 0.1 of the minimum subsistence level for able-bodied persons is charged. Higher administrative fees are set for shortened deadlines for consideration of submitted documents, namely:
- 1 minimum subsistence level for able-bodied persons – within two working days;
- 2 subsistence minimums for able-bodied persons – within one working day;
- 5 subsistence minimums for able-bodied persons – within 2 hours.
Based on the results of state registration of property rights, the applicant receives a corresponding extract from the state register, the authenticity of which can be verified on the official website of the Ministry of Justice of Ukraine.
If you have any additional questions regarding state registration of property rights to real estate, we recommend that you consult a lawyer in Ukraine (Kyiv). The lawyers in Ukraine at First Legal Law Firm in Ukraine will be happy to advise you on issues related to state registration of property rights and, if necessary, represent your interests and ensure the desired result.