The issue of renewal of title documents for real estate, if the documents were lost during hostilities, is relevant.
What documents confirm ownership of real estate?
- agreement of gift, sale or exchange, etc.;
- certificate of the right to inheritance;
- court decision that has entered into force;
- a court decision between co-owners of real estate on the recognition of a settlement agreement;
- certificate of ownership of immovable property, issued by a local self-government body before 01.01.2013, or by the state registrar from 01.01.2013 to 01.01.2016;
- state act on the right of private ownership of land. Issued from 03.1992 to 01.01.2013
- information certificate from the register of property rights, issued in the period from 01.01.2016 to 02.11.2016 (issued without signature and seal of the registrar); extract from the State Register of Property Rights to immovable property (available signature and seal of the registrar). Issued from 02.11.2016 to the present time.
Which institutions can renew the ownership document?
To restore the title document that was issued before January 1, 2013, you should contact the Center for the Provision of Administrative Services (CSC) at the location of the property, or the notary who certified the right to inheritance, the gift contract, or the sales contract.
In this case, the following documents should be submitted:
- a statement with the consent of all adult co-owners of the home who participated in the privatization (to be filled out in the presence of the administrator of the National Social Insurance Agency);
- copies of passports or birth certificates for persons under the age of 16 who are co-owners of housing and originals of identification documents;
- document from the police stating that the original certificate of ownership of the home was stolen or lost;
- announcement about the loss of the certificate in printed mass media.
We remind you that displaced persons receive administrative services at their place of actual residence thanks to the IDP certificate.
How to act if the document was issued before January 1, 2013
In the event that a person has lost a certificate of ownership of real estate, the registration of which was carried out before January 1, 2013, it is necessary to carry out state registration of ownership of real estate. To do this, you need to use information from the Register of Property Rights, which is an archive of the State Register of Property Rights. Paper media can serve as an alternative. If the applicant has a copy of the lost certificate, it must also be submitted. If there is no archive entry in the register, you should contact the BTI archive.
How to restore a document issued after January 1, 2013?
If a person has lost a certificate of ownership of immovable property issued after January 1, 2013, this means that information about this immovable property is already contained in the State Register. It should be recalled that from 2013 to 2016 it was the registrars who exercised authority to issue certificates of ownership. Information in the State Register gives a person grounds to commit transactions regardless of the presence of supporting documents, i.e. ownership certificates.
Is it possible to renew ownership of property through the court?
If it is not possible to obtain a duplicate of the lost, damaged or corrupted documents, then it will be necessary to apply to the court. Depending on the reason for the lack of legal documents, the future algorithm of actions in court is determined.
Statements submitted to the court may be:
- applications for recognition of property ownership;
- statements on the establishment of a legal fact;
- statements on the removal of obstacles to the exercise of ownership rights by demanding property title documents, etc.
At the same time, the court decision becomes a legal document and is entered into the Register of Real Property Rights as the basis of ownership.
The publication was prepared within the framework of the project “Raising awareness among self-governing municipalities and citizens of 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.
The opinions expressed in this material do not necessarily reflect the position of the Eastern Europe Foundation and the European Union.