In accordance with Article 2 of the Law “On compensation for damage and destruction of certain categories of real estate objects” – Recipients of compensation for damaged/destroyed real estate objects are:

• owners of property who have not registered ownership of it;
• in case of receiving compensation for damaged real estate specified in subparagraphs “a”-“c” of paragraph 6 of part 1 of Article 1 of this Law, i.e.:

a) apartments, other residential premises in the building, manor-type houses, garden and country houses;

b) construction objects (mansion-type houses, garden and country houses), in which load-bearing and external enclosing structures (except translucent structures and filling of doorways) were erected at the time of damage, for which the right to perform construction work was obtained;

c) constituent parts of construction objects (apartments, other residential premises in the building), which after acceptance into operation are independent objects of immovable property, provided that at the time of damage, load-bearing and external enclosing structures were erected in the construction object (except translucent structures and filling of doorways), for which the right to perform construction works was obtained;

or

• for destroyed objects of immovable property, defined by Clause 4, Part 1, Article 1 of this Law, i.e. destroyed objects of immovable property – objects of immovable property that are located in Ukraine and have become unsuitable for use for their intended purpose as a result of hostilities, acts of terrorism, sabotage, caused by the armed aggression of the russian federation against Ukraine, the restoration of which is impossible through current or capital repair, reconstruction, restoration or economically impractical:

a) apartments, other residential premises in the building, manor-type houses, garden and country houses;

b) construction objects (mansion-type houses, garden and country houses), in which at the time of destruction load-bearing and external enclosing structures were erected (except for translucent structures and filling of doorways), in respect of which the right to perform construction work was obtained;

c) constituent parts of construction objects (apartments, other residential premises in the building), which after acceptance into operation are independent objects of immovable property, provided that at the time of destruction of the construction object, load-bearing and external enclosing structures were erected ( except for transparent structures and filling of doorways), for which the right to perform construction works has been obtained;

Also, in accordance with Part 1 Clause 6 of Art. 1 of the specified Law, damaged real estate objects – real estate objects, may be restored through current or capital repair, reconstruction or restoration, the restoration of which is economically feasible:

a) apartments, other residential premises in the building, manor-type houses, garden and country houses;

b) construction objects (mansion-type houses, garden and country houses), in which load-bearing and external enclosing structures (except translucent structures and filling of doorways) were erected at the time of damage, for which the right to perform construction work was obtained;

c) constituent parts of construction objects (apartments, other residential premises in the building), which after acceptance into operation are independent objects of immovable property, provided that at the time of damage, load-bearing and external enclosing structures were erected in the construction object (except translucent structures and filling of doorways), for which the right to perform construction works was obtained;

Therefore, according to the law, one of the reasons for receiving compensation / compensation for destroyed property that was not registered in the appropriate order is the presence of a permit / right to perform construction works.

At the same time, we note that obtaining a permit for construction work (its copy or relevant data) can be obtained from the State Architectural Inspection or its legal successor, from the architectural authorities at the location of the property, district/city, village and settlement councils, depending on the date of receipt of such permission.

Regarding the property that was built without obtaining the relevant permits, the main reason for proving the ownership of such property to the Applicant for compensation may be the presence of a state deed for the land, or a lease agreement for the land plot, in which the intended purpose is indicated – for the construction/development and maintenance of the house, etc. , technical passport, or inventory. Also, if there are documents for the land plot, it is possible to consider the issue of compensation for construction materials. But this issue requires additional research and further study of compensation in accordance with the above-mentioned Law and the Civil Code of Ukraine.

The publication was prepared within the framework of the Project “Increasing awareness among self-governing municipalities and citizens on recording the destruction caused by war”, which is implemented by the Ukrainian Association of District and Regional Councils with the support of the “Phoenix” Project, which is implemented by the Eastern Europe Fund at the expense of the European Union.