Features of the procedure for registration of real estate rights in Ukraine

Property rights and other real rights to real estate, encumbrances, as well as their occurrence, transfer and termination are subject to state registration.

Such registration is a fact of public recognition by the state of the relevant right of a person to immovable property by entering information about it in the State Register of Real Property Rights ("Register"), and the property rights themselves arise from the date of such registration.

Please note that the information from the State Register of Real Property Rights is public, and you can check the data of the Register for any real estate online.

It should be noted that the property rights subject to state registration include, first of all, the following:

- ownership;

- the right to lease real estate, if the lease agreement is concluded for a period of not less than 3 years;

- the right to lease land;

- the right of easement;

- the right to superficies;

- the right of emphyteusis.

In addition, encumbrances on real estate and land are subject to state registration, such as:

- prohibition of use or disposal;

- arrest;

- mortgage;

- other encumbrances.

State registration is carried out by the relevant state registrars (including notaries).

How is the state registration? First of all, it depends on the real estate object, the rights to which are registered, and the grounds for such rights. In general, we can conditionally distinguish two types of procedure:

Option 1. The simplest. Registration at the conclusion of the notarial contract

Thus, if under the terms of the relevant agreement the right of a person arises immediately after its conclusion, the state registration of the right is carried out by a notary immediately after the conclusion of the agreement.

Option 2. Registration on the basis of the application

If such a right arises after a certain period or after the occurrence of a certain event (for example, after full payment under the contract of sale), the state registration of the right to real estate is carried out separately on the basis of the application. To do this, you must contact the state registrar with an application for registration, as well as the appropriate package of documents confirming the right.

When does the right to real estate arise?

The legislation of Ukraine stipulates that the right to real estate subject to state registration arises from the date of such registration.

This means that even in the presence of title documents, the right does not arise until the moment of registration.

At the same time, in judicial practice, the opposite approach is often used, indicating that the state registration of rights is not the basis for the acquisition of rights, but only a certificate of the state already acquired rights, which makes it impossible to identify the acquisition with the fact of state registration. Thus, the relevant position has been repeatedly expressed by the Supreme Court, in particular in the decisions of 24.01.2020 in the case № 910/10987/18, from 06.11.2019 in the case № 910/14328/17, from 29.08.2019 in the case 910/10984/18 .

Also, please note that rights that arose before 2013, but are not reflected in the Register, are considered to have arisen if

1) the registration of such rights was carried out in accordance with the legislation in force at the time of their occurrence or

2) at the time of occurrence of such rights, the legislation was in force, which did not provide for their mandatory registration.

However, we recommend that you immediately enter information about the property in the Register, even if the law does not require you to do so. This can protect against many possible problems in the future, including the unauthorized acquisition of real estate rights by a third party.

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