BТІ LEGALIZING UKRAINIAN STATE REGISTER AGENT SERVICES / REAL ESTATE MANAGEMENT EXPERT ESTIMATION PROJECTS

State registration of rights and encumbrances

The objects of immovable property, proprietary rights and encumbrances which are subject to registration:

1) Land plot is a part of the land surface with defined boundaries, certain place of location with determined rights concerning it. Land plot is characterized by special aspects of its legal regime, which directly affect on the basis, conditions and consequences of carrying out the state registration of property rights: land plot must be formed in the manner prescribed by law, to have a cadastral number and registered in the state land cadastre;
2) Enterprise as a single property complex;
3) Residential houses; buildings;
4) Facilities (as individual parts);
5) Apartments;
6) Accommodations;
7) Non-residential premises.

Subject to compulsory state registration of proprietary rights and encumbrances to real property, located on the territory of Ukraine, which belongs to individuals and legal entities, the state, represented by bodies authorized to manage state property, foreigners and persons without citizenship, foreign legal entities, international organizations, foreign governments, and local communities in the face of local government, namely:

1) Ownership on real property;
2) Right of ownership;
3) Right to use;
4) Right to use the land for agricultural purposes;
5) Right to build on the land;
6) Beneficial ownership;
7) Right of operational management;
8) Right for permanent use and the right to lease the land plot;
9) Right to use a building or other permanent structures, their individual parts;
10) Mortgage;
11) Asset management of property;
12) Other property rights in accordance with the law;
13) Tax lien the subject of which is real estate and other encumbrances;
14) Right of ownership to residential house, building, structure, apartment can be registered regardless of registered ownership of the land on which they are located, if the owner of the land and the residential house, buildings, constructions, apartments, located on it is the same person.

The state registration is carried out on the basis of:

1) contracts signed in the manner prescribed by the law;
2) certificates of ownership on real property issued in accordance with the requirements of the law of Ukraine "On state registration of proprietary rights to immovable property and their limitations and other legislative acts of Ukraine";
3) certificates of ownership issued by the privatization bodies to tenants of residential premises in the state and public housing fund;
4) state acts on the right of ownership or permanent use of land to the extent permitted by applicable law;
5) court decisions entered into legal force;
6) other documents confirming the origin, transfer, termination of rights to immovable property.

The state registration of encumbrances is carried out on the basis of:

1) statutory prohibition of use and/or disposal of immovable property;
2) court decisions entered into legal force;
3) decisions of pretrial investigation authorities, arrest on immovable property by the state enforcement officer;
4) imposition of a prohibition on alienation of immovable property by a notary;
5) decision of the local authority about the designation of immovable property to obsolete housing;
6) other acts of relevant state authorities and officials in accordance with law;
7) contracts signed in the manner prescribed by law.