RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 17, 2013 No. 868

About approval of the Procedure for state registration of the rights to real estate and their encumbrances

According to article 15 of the Law of Ukraine "About state registration of the corporeal rights to real estate and their burdenings" the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for state registration of the rights to real estate and their burdenings;

The paragraph third ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 24.12.2014 No. 722

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

3. This resolution becomes effective in two months from the date of its publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 17, 2013, No. 868

Procedure for state registration of the rights to real estate and their burdenings

General part

1. This Procedure determines the procedure of carrying out state registration of the rights to real estate and their burdenings (further - state registration of the rights), the list of the documents necessary for its carrying out, the right and obligation of subjects in the field of state registration of the rights, and also the procedure of capture on accounting of ownerless real estate.

State registration of the rights to object of construction in progress in the cases established by the law is carried out according to requirements and taking into account the features determined by this Procedure.

The terms used in this Procedure have the following value:

new object - the real estate unit completed by construction, state registration of the property right to which is carried out for the first time;

bodies of state registration of the rights - Ukrgosreestr and structural divisions of the territorial authorities of Ministry of Justice providing realization of powers of Ukrgosreestr;

mail - the operator of mail service or mail and messenger service;

the authorized person - person to whom based on the agreement or other document determined by the legislation powers on submission of documents for carrying out state registration of the rights are conferred;

reconstruction - reconstruction, restoration or capital repairs of object of town planning.

Other terms in this Procedure are used in the value given in the Law of Ukraine "About state registration of the corporeal rights to real estate and their burdenings" other regulatory legal acts adopted according to the specified Law.

State registration of the rights and accounting of ownerless real estate are carried out in state language.

2. State registration of the rights carry out by way of introduction of records to the State register of the corporeal rights to real estate (further - the State register is right) body of state registration of the rights and the notary as the special subject to whom functions of the state registrar of the rights to real estate are assigned (further - the notary).

The body of state registration of the rights carries out:

state registration of the rights to real estate in the location of such property;

state registration of burdenings of the rights to real estate irrespective of the location of such property;

accounting of ownerless real estate in the location of such property.

If real estate is located within the territory on which two and more bodies of state registration of the rights operate, state registration of the rights, accounting of ownerless real estate are carried out by one of such bodies, elected the interested person or person authorized by it (further - the applicant).

The notary who makes notarial action with the real estate carries out state registration of the rights acquired only as a result of making of such action.

If making of notarial action with real estate is resulted by the corporeal rights which are derivative of the property right, in the absence of state registration of the property right to such property in the State register of the rights the notary who makes notarial action, at the same time carries out state registration of the property right to such property and state registration of the corporeal right, is derivative of it.

3. The decision on state registration of the rights, registration of ownerless real estate, form and requirements to which registration are established by Ministry of Justice, the state registrar of the rights to real estate accepts (further - the state registrar).

In cases, stipulated by the legislation, the decision on state registration of the rights is made by the state registrar Ukrgosreestra.

The state registrar draws up the decision by means of the State register of the rights in duplicate, except the cases provided by this Procedure.

4. In the State register of the rights the corporeal rights and their encumbrances to real estate units, namely to the parcel of land, the company as single property complex, the apartment house, the building, construction or their separate parts, the apartment, the residential and non-residential premise are registered.

If the legislation establishes the requirement about acceptance in operation of the real estate unit, state registration of the property right to it is carried out after acceptance of such object to operation in the procedure established by the legislation.

State registration of the property right to the company as single property complex, the apartment house, the building, construction or their separate parts is made irrespective of whether the property right to the parcel of land on which they are located is registered.

State registration of the property right to the apartment, residential and non-residential premise is made irrespective of whether the property right to the apartment house, the building, construction or their separate parts in which they are located is registered.

State registration of the rights to the parcels of land is carried out after state registration of the parcels of land in the State land cadastre.

State registration of the rights to real estate which are derivative of the property right is carried out after state registration of the property right to such property according to requirements of this Procedure, except cases when state registration of the corporeal right, is derivative of the property right, carried out along with state registration of the property right and also when state registration of the property right is carried out till January 1, 2013 according to the legislation existing at the time of its origin.

The corporeal rights and their encumbrance to minerals, plants, and also to small architectural forms, shoddy, non-capital constructions located on the parcel of land which movement is impossible without their depreciation and change of appointment are not subject to state registration.

5. Submission of documents for carrying out state registration of the rights, registration of ownerless real estate is performed personally by the applicant or by sending by mail with the inventory of investment.

In case of detection of discrepancies between documents which were sent by mail and the inventory of investment in them, and also in case of lack of the document confirming introduction of payment for provision of the statement from the State register of the rights, and the document on payment of the state fee except the cases provided by the paragraph the second Item 13 of this Procedure, the body of state registration of the rights in time which is not exceeding three working days after their obtaining returns to the applicant the corresponding application and attached to it, by mail with the inventory of investment without its registration in the database about registration of statements and requests.

6. Documents which are filed for carrying out state registration of the rights registration of ownerless real estate, shall conform to requirements, the established law, this Procedure and other regulatory legal acts.

Responsibility for reliability of the data containing in the documents submitted for carrying out state registration of the rights, registration of ownerless real estate is born by the applicant.

Electronic documents are processed according to requirements of the legislation in the field of electronic documents, electronic document management and the digital signature.

7. State registration of the rights, provision of refusal in it is carried out to the terms established by the Law of Ukraine "About state registration of the corporeal rights to real estate and their burdenings".

Capture on accounting of ownerless real estate, provision of refusal in such accounting is performed in day of adoption of the statement for capture on accounting of ownerless real estate (further - the statement for registration).

General principles of carrying out state registration of the rights

8. For carrying out state registration of the rights the applicant gives to body of state registration of the rights, to the notary the statement, form and requirements to which filling are established by Ministry of Justice.

The application is submitted separately on each real estate unit.

If the property right to the apartment house, the building or construction is acquired along with the introduction in corresponding the interested person of the rights to the parcel of land on which they are located, the applicant submits to body of state registration of the rights, the notary one statement on such objects.

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