Starting from 1 January 2013 a new registration system came into effect in Ukraine. According to this system all corporeal rights (ownership, use, servitude, mortgage etc.) to buildings and land created after 1 January 2013 must be registered into a new register – the State Register of Corporeal Rights to Immovable Property (the “State Register”), otherwise these rights are considered invalid. At the same time, the law acknowledges the validity of the corporeal rights to immovable property accrued prior to 1 January 2013, provided that these rights were registered in accordance with the requirements applicable at the time. The owner/user of immovable property is not obliged to additionally register such rights into the State Register.
Registration of the rights in the State Register is performed by the “state registrars” which include:
- individuals having legal education, who meet the qualification requirements established by the Ministry of Justice and are employed with the local municipal or state authorities;
- notaries; and
- state enforcement officers (only within compulsory enforcement proceedings).
The general timeframe for state registration is five working days.
Once registration is completed, the decision of the state registrar and information from the State Register are issued.
Notaries are authorised to register the rights when certifying agreements under which the rights to the building or land are transferred or mortgaged (i.e. sale and purchase of building/land, mortgage agreement etc.). In this case, the notary certifies the agreement and registers the new right into the State Register simultaneously, which is very convenient and effective from a timing perspective.
Due to recent changes to legislation, information on registered rights to real estate and encumbrances is open and publicly available on a payable basis.
In addition to the State Register, there is one more official database in Ukraine which contains detailed information with respect to the characteristics of land plots. This database is called the State Land Cadastre (“Cadastre”) and is managed by the Ukraine State Service of Geodesy, Cartography and Cadastre. As opposed to the State Register, adding information to the Cadastre does not create any property right to the land plot but only confirms actual creation of the land plot and provides for its detailed characteristics. In particular, the Cadastre contains information on the land plot’s cadastral number, location, area, the designated purpose of the land, borders, limitations of use, data on the characteristics of land, the land’s monetary value and the distribution of land between owners and users. Access to the Cadastre is not public. However, as of 1 January 2013 certain data from the Cadastre is available to the public and may be accessed on the official site of the Ukraine State Service of Geodesy, Cartography and Cadastre. Public information with respect to the land is limited to the area, designated purpose and cadastral number of the land.
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