Theme: Civil Law

The question of real estate registration is extremely important. State registration of rights allows one to be the owner of immovable property in the legal field, which is necessary for entering into contracts and performing other legal acts.

In this article, we will talk about what the legislator considers as real estate, which rights regarding this type of property require registration, who are the subjects and grounds for registration, as well as the administrative fee.

Let’s start with the main point, namely the legislative definition of immovable property. According to the Civil Code of Ukraine (CCU), immovable property includes land plots and objects located on the land plot, the removal of which is impossible without their depreciation and change of purpose (Article 181 of the CCU): residential buildings, residential and non-residential premises, their parts, apartments, and others.

State registration of rights to immovable property is the official recognition and confirmation by the state of the acquisition, modification, or termination of proprietary rights to immovable property by entering the relevant information into the State Register of Proprietary Rights to Immovable Property (Article 2 of the Law No. 1952-IV, hereinafter referred to as the Law).

So, which proprietary rights to immovable property require registration?

  • Ownership rights and trust property rights as a means of securing the performance of obligations regarding immovable property, an object of unfinished construction, trust property rights as a means of securing the performance of obligations regarding a future immovable property object.
  • Special proprietary rights to an object of unfinished construction, future immovable property object.
  • Proprietary rights to immovable property derived from ownership rights, namely: the right of use (servitude, emphyteusis), the right to build on a land plot (superficies).
  • And other proprietary rights provided for in Article 4, paragraph 1 of the Law.

Once we have determined the object and type of rights associated with it, let’s move on to the subjects of registration (who specifically deals with this matter?):

Once we have determined the object and the type of rights involved, we move on to the registration subjects (who specifically handles this matter?):

  • Notary;
  • State registrar of property rights;
  • Executive bodies of rural, urban, and city councils, Kyiv, Sevastopol city, district, district in the cities of Kyiv and Sevastopol state administrations.

Depending on whether it is secondary or primary real estate, the basis for registering rights to the object varies. Let’s consider the grounds for registration of secondary real estate, as stipulated by the legislation:

  • Agreements that confirm your right to property (purchase and sale agreement, contract of subcontracting, trust ownership agreement, etc.);
  • Certificates that confirm ownership rights (certificate of ownership for a share in common property, inheritance certificate, certificate of acquiring property through public auctions, etc.);
  • Court decisions regarding the acquisition, alteration, or termination of property rights to real estate, unfinished construction projects, future real estate objects;
  • Court resolutions approving (recognizing) a settlement agreement;
  • Will that establishes an easement on real estate;
  • Other grounds specified in Article 27 of Law No. 1952-IV.

When it comes to primary real estate, it is important to note that state registration plays a vital role. According to Article 331, Part 3 of the Civil Code of Ukraine, prior registration of this property is considered as proof of ownership, even if it already appears as a completed building.

The legislator has divided the registration procedure for unfinished construction objects into two categories: those registered for the first time and others.

If it is the first registration, pay attention to the following list of documents:

  • Application for state registration of rights.
  • Land document.
  • Building passport.
  • Right to carry out construction work.
  • Technical passport.
  • Absence of any fact indicating a halt in construction work due to violations of urban planning legislation.
  • Absence of any fact indicating acceptance into operation of the completed construction object.
  • Construction acceptance and transfer certificate, if applicable.
  • Documents confirming the completion of work on the construction site (e.g., certificates of completed work).

If the registration is for an object that already has ownership rights or special property rights, changes are automatically made through the software of the State Register of Rights:

  • Object characteristics are updated based on the information from the Unified State Electronic System in the field of construction.
  • The type of property right is changed (from special property right to ownership).
  • State registration of encumbrances on real estate in favor of the construction client is carried out (only in the case of an indivisible object).

When registering any object, do not forget to provide your passport and identification code or statutory documents if you are a legal entity.

Finally, the administrative fee for registering property rights correlates with the timeframe, and for the standard period of 5 working days, the fees are as follows:

  • Ownership rights (including trust property as a means of securing obligations) – 270 UAH.
  • Special property right for an unfinished construction object – 270 UAH.
  • Special property right for a future real estate object – 335 UAH.
  • Trust property rights for an unfinished construction object or future real estate object – 30 UAH.
  • Other derivative property rights derived from ownership – 130 UAH.
  • Registration resulting from notarial actions – 270 UAH.

Subsidies in Ukraine: social protection in a new way

The subsidy programme began in the 1990s and has been helping families for more than 25 years and remains a major protection against increases in housing and utility prices and payments. Families can apply for a subsidy in Ukraine if their utility bill exceeds a certain amount that they need to pay. It is calculated differently for everyone and depends on income:

  • First the average monthly income has to be calculated;
  • This income is divided by the number of persons living in the house/apartment. This is how you can determine the average income per person per month;
  • It is then divided by the minimum that one can live on in a month;
  • The total is divided by 2 and multiplied by 20%;

This is how you find out the percentage of your average monthly income and the mandatory payment.

Subsidies 2021: What changes to the rules?

From the beginning of May, the 2021 subsidy is given differently. An important rule is that the 2021 subsidy will only be paid in cash. Such changes allow you to dispose of the remaining money after the payments have been made. According to the government’s decision, families who received the housing benefit last year and this year will receive it for the next period without an application from the citizen, i.e. it is automatically reassigned. But not all households are included in this decision. Families will not receive the subsidy if:

  • The subsidy was not a cash grant;
  • The subsidy was granted without persons registered in the dwelling;

Also under the new rules, those who are not eligible for the subsidy will lose their entitlement:

  • Have bought any vehicle or house whose value exceeds 50 thousand UAH;
  • Saved funds of any currency in a bank with interest of more than 100 thousand UAH;
  • Acquired and sold any currency in the amount exceeding UAH 50 thousand during the year prior to submitting the application for subsidy;
  • Were abroad for more than 59 days and declared no income;
  • Failed to pay utility bills or alimony payments for several months;
  • There was an illegally received subsidy in the previous year, after which the funds have not been repaid;
  • Have several new cars in their possession;
  • Have a car that is less than 5 years old;
  • Have not worked, studied or have no income;
  • Own a large flat or house;

The State Social Inspectorate regularly monitors and verifies the accuracy of all information submitted for the assignment of the subsidy.
The subsidy is checked by the social inspectors who follow up:

  • Accuracy and completeness of information on property and material status;
  • The verification of personal files of persons;
  • Payments and assignments of social assistance;
  • Measures to recover state social assistance funds paid in excess;

The Chief State Social Inspector verifies the subsidy with additional rights, namely:

  • A check on the individual’s living conditions to determine the family’s background to the application. This is done at the discretion of the head of the relevant social welfare body;
  • Checking the information on the place of residence of all family members;
  • Visiting places where family members work.

Actions carried out during the verification of the beneficiary are lawful. However, according to Article 30 of the Constitution of Ukraine and Article 13 of the CPC, there are three prohibitions:

  1. No unlawful entry into a person’s home is allowed;
  2. No unlawful examination is allowed;
  3. No unlawful search except by a reasoned decision of a court.

The decision on whether or not to apply for the subsidy is made within 10 days. If a person does not agree with the refusal or the amount of the subsidy, he or she will have to double-check and clarify the information to correct the error. This information has 30 days to be clarified and can only be prolonged if the applicant is ill.

It is often the case that people may be deceived by telling them that the pensioner’s subsidy will be taken away if they become employed. However, the subsidy for pensioners can be based on wages and pensions. If a pensioner has stopped working or retired, he or she needs to apply to the social security office within a month with a declaration, and the aid will be transferred taking into account only one income – the pension.

Applying for a subsidy: how to do it and where to apply?

The subsidy 2021 is granted to people who present a passport or other proof of nationality. You can apply at the social welfare office in the place where you are registered. It is best if the application is submitted with all the necessary documents, i.e:

  • Declaration of expenditure and income;
  • Certificate of income;
  • A repetition of the no-obligation agreement (if any);
  • Rental agreement (if you have one);

What income you have to declare

  • Wages after you have paid all taxes;
  • Pension;
  • Scholarship;
  • State social cash payment for people declared legally unemployed;
  • Money transfers abroad;

The percentage of income does not include payments such as

  1. Help when a child is born;
  2. Support when a child is adopted;
  3. Support for women with the title of “Heroine Mother” of Ukraine;
  4. Social support for orphans;
  5. Assistance for children who have been granted guardianship;
  6. Child support received; Support for children;
  7. Support from charitable organisations;
  8. Amounts paid to an employee to compensate for damages incurred during the period of employment;

Also income is not taken into account:

  1. Alimony paid, if documented;
  2. The amount for travel vouchers received free of charge;
  3. Payments to persons working in the commission on polling day;
  4. Funds received for their role in anti-terrorist operations;

The forms and declarations you need to fill in are available free of charge and are provided when a citizen applies directly to the subsidy office. You can also find the forms on the website of the Ministry of Social Affairs. If you are older, your grandchildren or children may help you. Once you have filled in all the forms and documents, you can submit them by mail to the address of your local social security office. The address can be found on the website of the Ministry of Social Policy. You can also hand them in person to an official of the local council of the local community or to the Administrative Services Centre. They will forward the documents to the right place for you within a few days.

If you are a community resident, then you need to contact

  • Headmen;
  • The body that coordinates the work of the village head’s team;
  • Community Protection Unit;
  • Centre for the provision of administrative services of the territorial society;
  • The social defence body of the district state administration;

You can apply for a subsidy online in several ways:

  1. Delivery of important documents by e-mail
  2. Using an electronic digital signature; if not, then you have to register on the website of the Ministry of Social Policy;
  3. Use BankID identification;

In order to apply for a subsidy online, you must:

  1. On the Ministry of Social Policy resource, find the link to go to;
  2. Register by mail, electronic signature or BankID, at your discretion;
  3. Fill in the necessary data and enter the bank where you will receive the subsidy;
  4. Fill in the form and be sure to check that your details are correct, then submit.

The notification, which will include the amount of the subsidy, or possibly a refusal, will come a couple of weeks later.

All people who are legally present and residing in Ukraine are eligible for the subsidy. Subsidies in Ukraine can be applied for:

  • The person registered in the house;
  • Unregistered person living in the house renting it (documents confirming that the person lives at this address must be attached to the application);
  • Children under 18 years of age and without parental care;
  • An incapacitated person of working age who has been granted guardianship.

In the event of the death of the beneficiary, the subsidy is paid to one family member. This is done upon written request. The deadline is three months.

The subsidy is calculated on the basis of the number of people living in the household who pay for utilities. It also includes persons who are in the service, but their income is not taken into account. This is determined from the first month that the subsidy is applied for.

If the number of family members who are registered and living in the building is less than the number of registered and living in the building, the subsidy is calculated on the basis of the number of registered and living in the building. This is done according to the commission’s decision. In order to prove that the registered family members do not live in the house, certificates must be provided. This can be documents that prove that the person is elsewhere due to work, study, medical treatment, etc.

It is compulsory for recipients of the subsidy to give notice of any changes in the family, namely

  • Changes in the number of people living in the accommodation;
  • Changes in social status, including marriage and its termination;
  • Changes in the conditions of communal services;
  • Changes in the costs of managing the block of flats;
  • One person in the family has bought a house, a flat, a vehicle, land, and expenses for services other than medical ones have occurred;

This must be done within one month of the start of the change.

Since the beginning of May, the accrual of the subsidy for incapacitated people who are unable to work has been made for overtime housing. This category of persons includes:

  1. Persons under 18 years of age;
  2. Ukrainian citizens receiving old-age, disability or seniority pensions;
  3. Persons receiving assistance from the state. These may be adults and children who have a childhood disability, temporary assistance for a non-working person who has reached the general retirement age but has not become eligible for a pension payment.

It has also become known that from the beginning of October, the amount of the 2021 subsidy may differ in different regions of Ukraine. The reason for this could be a lockdown or a region moving into the red zone where strong quarantine restrictions will apply. As a result of a new wave of coronavirus, people in the red zone will automatically receive quarantine surcharges and support from the government.

With all of the above in mind, the recipients of the subsidy should not withhold any information that could affect the granting and amount of the subsidy. Because subsidy checks are carried out on a regular basis and this will all become known very quickly, the budget will have to be refunded as a result. We recommend that you contact the social welfare office at your place of registration, discuss all the nuances and choose the best solution for yourself.

Thousands of Ukrainians encounter difficulties with property built without the proper permits. These may include residential houses, holiday cottages, garages, or extensions erected without the required approvals, project documentation, or in breach of building regulations. Such property, known as unauthorised construction (самобуд), carries significant legal risks. Owners often become aware of the problem only when they need to sell, gift, or pass the property on by inheritance. Leaving the situation unresolved may result in fines and, in some cases, even demolition of the building.

Solicitors specialising in property law provide clients with full legal support in the process of legalising unauthorised buildings in Kyiv and other regions. They assist in navigating the complexities of Ukrainian legislation and guide owners through the challenging path from unlawful construction to obtaining legitimate ownership rights.

In this article, we will explain in detail what unauthorised construction means under the law, why legalisation is necessary, the steps involved in the process, and we will also answer common questions about regularising property without documentation in Kyiv.

What Counts as Unauthorised Construction under Ukrainian Law?

Before discussing how to legalise an unauthorised building, it is important to understand what the law regards as such. According to current Ukrainian legislation, a building is considered unauthorised if it breaches one or more of the following conditions:

  • No legal rights to the land. The property has been built on a plot that does not belong to the person by ownership or lease, or where the land has a different designated purpose. For example, building a residential house on agricultural land.
  • No building permit. Construction was carried out without the appropriate authorisation to commence building works. This also includes projects erected without an approved design.
  • Breach of building regulations. The structure has been built in significant violation of state building standards, rules, or requirements, such as health and safety, fire safety, or other mandatory provisions.

Legalising a house without a permit requires a thorough assessment of each of these aspects. Even one breach is sufficient for a building to be deemed unauthorised.

Why Is It Important to Legalise Unauthorised Construction?

The key problem is that such property cannot be sold, gifted, or bequeathed as real estate. In legal terms, you only own the building materials used, not the property itself. This means you cannot fully dispose of it — for example, secure a mortgage against it, let it out, pass it on by inheritance, or contribute it as capital to a company.

A further issue is fines. The State Architectural and Construction Inspectorate (ДАБІ) not only has the power to impose significant penalties but may also issue an order requiring demolition. Ignoring the matter may therefore result in serious financial losses and forfeiture of the property.

For this reason, timely legalisation is critical for safeguarding assets and ensuring legal security.

How to Legalise an Unauthorised Building: Step-by-Step Guide

Although the process varies depending on circumstances, it usually involves several key stages. The most complex situation arises where the owner lacks documents not only for the building but also for the land on which it stands.

Step 1: Securing land rights

  • Application to the local council. In Kyiv, this means submitting an application to the City Council requesting recognition of the unauthorised building. The application is supported by documents such as a technical passport for the building, approvals from health and fire authorities, a survey plan, and other evidence of compliance with building standards.
  • Council decision. If approved, the council issues a decision recognising the building and granting permission to prepare land documentation.
  • Technical documentation. A licensed land management organisation prepares the technical documents. Once completed, the land parcel is assigned a cadastral number.
  • Transfer of land ownership. With the documents ready, the council issues a decision transferring the land into ownership or use, forming the basis for further legalisation through the courts.

Step 2: Recognition of ownership through the courts

  • Filing a claim. The next step is to submit a claim to court seeking recognition of ownership rights over the unauthorised building.
  • Court proceedings. Case law in such matters is generally favourable. With valid land documents, refusal is highly unlikely.
  • Court ruling. The court’s decision is the key legal instrument confirming ownership.

Step 3: Commissioning the building and registering ownership

  • Declaration of readiness. With land documents and a court ruling, the owner applies to the State Architectural and Construction Inspectorate (ДАБІ) for acceptance of the building into operation.
  • Property registration. Once registered, full ownership rights are granted and must be entered in the State Register of Property Rights.

At this point, the legalisation process is complete, and the owner may freely dispose of the property.

Conclusion

Legalising unauthorised construction in Kyiv is not a mere formality but a vital step in protecting property rights. Although the process may seem complex and time-consuming, the right legal strategy and professional guidance can ensure success. Addressing the issue without delay allows you to avoid fines, safeguard your property, and secure the full range of ownership rights.

FAQ: Common Questions about Legalising Unauthorised Buildings

Can I sell an unauthorised building?
No. Ukrainian law draws a strict distinction between building materials and real estate. Without officially registered ownership, you can only sell the materials, not the property itself. No notary will certify a sale contract for such an asset.

What happens if I do not legalise my property?
Consequences can be severe. You cannot sell, gift, or bequeath it. Authorities may impose fines depending on the complexity of the property. In some cases, courts may even order demolition at your expense. Even if the building stands on your own land, breaches of regulations do not exempt you from liability.

How do I legalise a garage, cottage, or house?
The process depends on the type and size of the building. Smaller structures built before 1992, or those qualifying for simplified procedures, may follow an easier route. Generally, the steps are similar: gather documentation, carry out technical inspection, obtain necessary approvals, and register ownership. Each case has its nuances, so professional advice is strongly recommended.

Do I need a lawyer in Kyiv for legalisation?
Yes, in most cases. The process is legally and procedurally complex, requiring knowledge of regulations, planning law, and case practice. A solicitor specialising in unauthorised construction can prepare documents, assess risks, file claims, and represent you before the authorities and courts, significantly improving the likelihood of success.